Ramdayal Kumawat vs Rameswaroop and Others

Guman Singh, J.—With the consent of both the parties, this appeal is being heard and finally disposed of at admission stage.

Heard learned Counsel for the parties.

This appeal has been preferred on behalf of injured-appellant for enhancement of compensation awarded by the learned Motor Accidents Claims Tribunal, Jaipur City, Jaipur vide judgment dated 13.12.2007, whereby a sum of Rs. 1,00,800 was awarded by way of compensation for 36.82 per cent disability caused due to injuries sustained in the accident.

The challenge in the appeal pertains to quantum of compensation only.

Learned Counsel for the Appellant submits that learned Tribunal has awarded compensation on lower side as the injured was mason (mistry) by profession and he has lost one finger of his hand and sustained 36.82 per cent disability and he is not in a position to carry out construction work any more. It is also submitted that income of injured should be assessed as Rs. 3,000 per month as the accident pertains to year 2005. It is further submitted that instead of adopting multiplier of 16, a multiplier of 12 has been adopted which deserves to be enhanced as per guidelines provided by Hon''ble Apex Court in Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another,

Per contra, learned Counsel for the Respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference.

After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the injured-appellant was a skilled labourer as he was mistry by profession and due to loss of one finger of his hand, he is not in position to carry out construction work, therefore, compensation deserves to be awarded by assessing Rs. 3,000 per month and by adopting multiplier of 16 as per guidelines of Hon''ble Apex Court in Sarla Verma''s case (supra), the compensation can be computed as under:

Rs. 3,000 � 12 � 16 (multiplier) � 36.82 per cent (disability) : Rs. 2,12,083-(minus) Rs. 1,00,800 (already awarded) : Rs. 1,11,283 (to be additionally awarded).

Accordingly, appeal of the injured-appellant is partly allowed and the award passed by the learned Tribunal is modified to the extent that the injured-appellant shall get a sum of Rs. 1,11,283 by way of additional enhanced compensation from the date of appeal, i.e., 28.1.2008 with 6 per cent interest to be paid within three months. Thereafter interest shall be paid at the rate of 9 per cent per annum. The rest of the terms of award shall remain unchanged.

Record be sent forthwith.