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Judgment
This appeal for enhancement of compensation is directed against the judgment and award dated 17.03.2018 passed by the Motor Accident Claims Tribunal, Kishangarh, District Ajmer (for short 'the Tribunal'), whereby, the tribunal awarded a sum of Rs.83,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition.
The sole contention of the learned counsel for the appellant is that despite producing medical bills Exhibits No.19 to 60 to the tune of Rs.84,880/-, only Rs.41,500/- was awarded by the tribunal without assigning any reasons.
Learned counsel for the respondents has fairly admitted that the medical bills to the tune of Rs.41,500/- had been proved by the claimants.
I have considered the rival submissions made by the learned counsel for the parties and have perused the material available on record.
The claim-petition was filed by the appellants asking for compensation on account of injuries sustained by Narendra Galani in the motor vehicle accident which occurred on 12.11.2015. It is revealed from
the record that the appellant produced medical bills (Ex.19 to 60) to the tune of Rs.84,880/-. In spite of that, the tribunal awarded only Rs.41,500/- towards the said bills. While doing so, no reason was assigned by the tribunal.
The tribunal awarded a sum of Rs.35,000/- towards permanent disablement, Rs.1,500/- towards hospitalization expenses & Rs.5,000/- towards pain and sufferings and special diet etc. In addition to the above, the claimants would be entitled to receive a sum of Rs.45,000 towards medical bills and transportation expenses. In this way, the total amount of compensation comes to Rs.1,28,000/- (41,500+35,000+1,500+5,000+45,000).
Accordingly, this appeal is partly allowed. Impugned award dated 17.03.2018 is modified to the extent that the compensation amount receivable by the claimants is Rs.1,28,000/- instead of Rs.83,000/- as awarded by the Tribunal.
Remaining terms and conditions of the award shall be the same.
The Insurance Company shall deposit the enhanced amount along with the interest @ 6% per annum from the date of filing of the claim petition till date of payment with the Tribunal within a period of two months from today. It is ordered that the share of the enhanced amount of the compensation shall be invested in fixed deposit with a nationalised bank initially for a period of 2 years and the interest accrued thereon shall be paid to the claimants on monthly basis.