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Judgment
The appellant has preferred this appeal claiming following relief: -
"It is, therefore, respectfully prayed that this appeal may kindly be allowed and the amount of compensation assessed and awarded may kindly be enhanced to the extent of amount claimed with interest at the rare of 18% per annum from the date of original application till realization with costs throughout."
The unfortunate accident happened on 6.6.1991 with a scooter bearing NO. RJ 27 M 5844 which caused injuries to the appellant who was a pedestrian.
Learned counsel for the appellant makes a limited prayer that Exhibit/1 issued by MB Government Hospital, Udaipur Medical Board on 6.12.1997 clearly opines that the appellant is suffering from 30% permanent disability and the same may be considered for re-computation of the compensation. Learned counsel for the appellant thus seeks re-computation of the compensation in accordance with Rajasthan State Legal Services Authority notification dated 05.11.2018 while taking the permanent disability to be 30%.
In the opinion of this Court, there is no reason why the medical Board's opinion of doctor of Government Hospital Exhibit/ 1 needs to be ignored. Thus, both the learned counsel for the parties are accordingly directed to jointly furnish re-computation while taking into consideration 30% disability of the appellant and applying RALSA guidelines
The joint computation furnished reads as under:-
Age of the Injured
19 years
Permanent Disability (30%) (25000+(30x5000)
Rs. 1,75,000/-
Total
Rs. 1,75,000/-
Pain and sufferings (25% of 1,75,000/-)
Rs. 43,750/-
Medical Expenses
Rs. 7000/-
Total Compensation
Rs. 2,25,750/-
Already awarded
Rs. 42,000/-
Enhanced Award
Rs. 1,83,750/-
As per the revised guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 05.11.2018, the enhanced award of Rs. 1,83,750/- is granted which shall be payable along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within three months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after three months from today) till actual payment is made.
The appeal is accordingly disposed of. All pending applications also stand disposed of.