High CourtsSingle Bench(2018) 05 RAJ CK 0210

Kavita @APPELLANT@Hash Ram Singh

Rajasthan High Court · Decided on 8 May 2018

HON’BLE JUDGES
SABINA, J
RESULT
Allowed
CASE NUMBER
Civil Miscellaneous Appeal No. 2131 of 2007

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Judgment

26 paragraphs · 316 words

 Sl. No.,Particulars,Kumari Kiran,Master Sachin,Harinarayan

1.,"Loss of future income due to

disability",,,"Rs. 2,70,000/-

2.,Pain and suffering,"Rs. 1,00,000/-","Rs. 1,00,000/-","Rs. 50,000/-

3.,Agony to parents,"Rs. 25,000/-","Rs. 25,000/-",

4.,Medical Expenses,"Rs. 69,844/-","Rs. 84,876/-","Rs. 1,86,154/-

5.,Attendant,"Rs. 9,000/-","Rs. 9,000/-","Rs. 9,000/-

6.,Transportation,"Rs. 5,000/-","Rs. 5,000/-","Rs. 5,000/-

7.,Special Diet and Nutrition,"Rs. 10,000/-","Rs. 10,000/-","Rs. 10,000/-

8.,"Permanent Disability/loss of

amenities","Rs. 3,00,000/-","Rs. 3,00,000/-","Rs. 50,000/-

9.,Future Medical Expenses,"Rs. 25,000/-","Rs. 25,000/-",

,Total,"Rs. 5,43,844/-","Rs. 5,58,876/-","Rs. 5,80,154/-

to receive Rs. 3,00,000/- as compensation vis-Ã -vis permanent disability suffered by her. Appellant would be entitled to receive Rs. 1,00,000/-",,,,

towards pain and suffering.,,,,

Learned counsel for the appellant has submitted that the Tribunal has rightly granted Rs. 15,000/- to the appellant towards medical expenses. Thus, the",,,,

appellant was entitled to receive Rs. 1,00,000/- (pain and suffering) + Rs. 3,00,000/- (permanent disability/loss of amenities) + Rs. 15,000/- ( Medical",,,,

expenses) + Rs. 25,000/- (Agony to parents) + Rs. 9,000/- (towards attendant) + Rs. 5,000/- (towards transportation) + Rs. 10,000/- (towards special",,,,

diet and nutrition) = Rs. 4,64,000/-.",,,,

Accordingly, this appeal is allowed. Impugned award dated 16.12.006 is modified to the extent that the appellant would be entitled to receive Rs.",,,,

4,64,000/- by way of compensation instead of Rs. 1,85,000/- as awarded by the Tribunal. Remaining terms and conditions of the impugned award shall",,,,

remain the same. It is further ordered that the enhanced amount of compensation be invested in Fixed Deposit Receipts with a nationalised Bank,,,,

initially, for a period of three years and the interest accrued upon the deposit shall be paid to the appellant on monthly basis. The Secretary District",,,,

Legal Services Authority, Bundi shall invest the amount in F.D.R. in the name of the appellant in some nationalised Bank. The Secretary, District",,,,

Legal Services Authority, Bundi shall apprise the appellant regarding the amount which has been granted to her by way of enhancement and the fact",,,,

that the enhanced amount shall be invested in F.D.R. in some nationalised bank for her benefit.,,,,