Smt. Narvada Bai vs Angrej Singh And Ors

Appellant has filed this appeal, challenging the award dated 12.7.2010 passed by the Tribunal, seeking enhancement of compensation.

Learned counsel for the appellant has submitted that appellant had suffered permanent disability to the extent of 25%. Hence, the amount of

compensation granted by the Tribunal was on a lower side.

Learned counsel for the respondent no.3, has opposed the appeal.

Appellant had filed claim petition seeking compensation on account of injuries suffered by her in the motor-vehicle accident which had occurred on

15.4.2008. As per Exhibit-12, appellant had suffered permanent disability to the extent of 25%. A perusal of the said certificate issued by board of

doctors reveals that the gait of the appellant was unsteady and she walked with support. It has been further opined that complex movements were not

possible. Patient falls down on closing eye.

In the absence of any proof of income of the appellant the same is taken as Rs.2,600/- per month as per the minimum wages fixed by the State at the

relevant time. Appellant was aged 50 years at the time of the accident as per Exhibit-8, her injury report. The appropriate multiplier liable to be applied

to work out the compensation amount would be ‘13’.

Hence, appellant would be entitled to receive Rs.2,600/- x 12 x 13 x 25% = Rs.1,01,400/- vis-Ã -vis permanent disability suffered by her. Appellant

would be further entitled to receive an addition of 25% of the said amount towards his future prospects and the said amount comes to Rs.25,350/-.

Learned counsel for the appellant has submitted that the sum total of the medical bills proved on record is Rs.23,700/-. The said calculation has not

been disputed by the learned counsel for the respondent no.3 during the course of arguments.

Appellant had remained admitted in the hospital for 20 days. Hence, the appellant would be entitled to receive Rs.10,000/- towards hospital expenses.

Appellant would also be entitled to receive Rs.50,000/-towards pain and suffering.

Thus, the appellant would be entitled to receive, in all, Rs.1,01,400/- + Rs.25,350/- + Rs.10,000/- + Rs.23,700/- + Rs.50,000/- = Rs.2,10,450/-.

Accordingly, this appeal is allowed. Impugned award dated 12.7.2010, is modified to the extent that the appellant is entitled to receive Rs.2,10,450/- by

way of compensation instead of Rs.79,950/- 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 shall be kept in Monthly Income Scheme of the Post Office initially for a period of five years and

the interest accrued on the deposit shall be paid to the claimant Narvada Bai on monthly basis. Secretary, District Legal Services Authority, Bundi, in

the interest of the claimant shall keep the amount in the Monthly Income Scheme and shall open an account of the claimant. He shall further apprise

the claimant with regard to enhancement of the amount and the fact that the amount shall be kept in Monthly Income Scheme in the Indian Post

Office for her benefit.