Rohitashva vs Rajesh Kumar And Ors

Appellant has filed this appeal, challenging the award dated 20.10.2018 passed by the Motor Accident Claims Tribunal, seeking enhancement of compensation amount.

Learned counsel for the appellant has submitted that the appellant has suffered permanent physical disability to the extent of 25%. However, the amount of compensation granted by the Tribunal was on a lower side and required enhancement.

Learned counsel for respondent No. 2 has opposed the appeal.

Appellant had filed the claim petition under Section 166 of the Motor Vehicle Act, 1988, seeking compensation on account of injuries suffered by him in the motor-vehicle accident which had occurred on 28.03.2016.

As per Exhibit-15, appellant was aged about 22 years, at the time of accident. Hence, appropriate multiplier to work out the amount of compensation would be '18'.

Admittedly, there was no documentary evidence on record with regard to the income of the appellant. Hence, the same is liable to be taken as Rs. 5,122/- per month in view of the minimum wages fixed by the State, at the relevant time.

As per exhibit-15, disability certificate issued by the Medical Board of Doctors. Appellant has suffered permanent physical disability to the extent of 25%. The said certificate has been issued by the Medical Board of Doctors and there is no reason to doubt the genuineness of the same.

Thus, the appellant would be entitled to receive Rs. 5,122/- x 12 x 18 x 25% = Rs. 2,76,588/- by way of compensation vis-àvis permanent disability suffered by him. Appellant would be further entitled to receive an addition of 40% of the said amount towards loss of his future prospects and the said amount comes to Rs. 1,10,635/-. Appellant had remained admitted in the hospital for 7 days. Hence, appellant would be entitled to receive Rs. 3,500/- towards hospitalisaton expenses. Appellant would be further entitled to receive Rs. 10,000/- towards transportation expenses and Rs. 10,000/- towards special diet etc.

Keeping in view the permanent disability suffered by the appellant and Exhibit-15, he would be entitled to receive Rs. 1,00,000/- towards pain and suffering, loss of amenities of life etc.

Admittedly, medical bills proved on record by the appellant with regard to the expenses incurred by him on his treatment are to the tune of Rs. 1,980/-.

Thus, the appellant would be entitled to receive, in all, Rs. 2,76,588/- + Rs. 1,10,635/- + Rs. 3,500/- + Rs. 10,000/- + Rs. 10,000/- + Rs. 1,00,000/- + Rs. 1,980/- = Rs. 5,12,703/-.

Accordingly, this appeal is allowed. Impugned award dated 20.10.2018 is modified to the extent that the appellant would be entitled to receive Rs. 5,12,703/- by way of compensation instead of Rs. 1,12,480/- as awarded by the Tribunal. Remaining terms and conditions of the award shall remain unchanged. It is further ordered that the enhanced amount of compensation of the appellant be invested in Fixed Deposit Receipts with some Nationalized Bank, initially for a period of three years and the interest accrued on the deposit shall be paid to the appellant on monthly basis. The Secretary, District Legal Services Authority, Dausa shall invest the amount in Fixed Deposit Receipts in the name of the appellant in some Nationalized Bank. The Secretary, District Legal Services Authority, Dausa shall further apprise the appellant with regard to the amount which has been granted to him by way of enhancement and the fact that the enhanced amount shall be invested in Fixed Deposit Receipts in some Nationalized Bank for his benefit.