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Judgment
Appellant has filed this appeal, challenging the award dated 27.04.2015 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 16.14%. Hence, the amount of compensation awarded by the Tribunal was liable to be enhanced.
Learned counsel for respondent no.2, has opposed the appeal.
Appellant had filed claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation on account of injuries suffered by him in the motor-vehicle accident which had occurred on 28.06.2010.
As per Exhibit-75, Disability Certificate (copy of the same has been placed on record by the learned counsel for the appellant during the course of arguments), appellant has suffered permanent physical disability to the extent of 16.14%. The said certificate has been issued by the medical Board of Doctors, hence, there is no reason to doubt the genuineness of the said certificate.
As per Certificate Exhibit-75, appellant was aged about thirty seven and a half years at the time of the accident. Hence, appropriate multiplier to work out the amount of compensation would be '15'.
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.3,000/- per month in view of minimum wages fixed by the State from time to time.
Thus, the appellant would be entitled to receive Rs.3,000/- x 12 x 15 x 16.14% = Rs.87,156/- 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.34,862/-.
Learned counsel for the appellant has submitted that the appellant had remained admitted in the hospital for 8 days. Hence, appellant would be entitled to receive Rs.4,000/- towards hospitalization charges.
Admittedly, sum total of medical bills proved on record is to the tune of Rs.30,200/-. Appellant would be further entitled to receive Rs.10,000/- towards transportation expenses and Rs.10,000/- towards special diet etc. Appellant would be further entitled to receive Rs.25,000/- towards pain and suffering.
Thus, the appellant would be entitled to receive, in all, Rs.87,156/- + Rs.34,862/- + Rs.4,000/- + Rs.30,200/- + Rs.10,000/- + Rs.10,000/- + Rs.25,000/- = Rs.2,01,218/- by way of compensation.
Accordingly, this appeal is allowed. Impugned award dated 27.04.2015, is modified to the extent that the appellant would be entitled to receive Rs.2,01,218/- by way of compensation instead of Rs.85,200/- as awarded by the Tribunal. Remaining terms and conditions of the impugned award shall remain unchanged. It is further ordered that the enhanced amount of compensation 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 Ummed Singh Gurjar on monthly basis. Secretary, District Legal Services Authority, District Dausa in the interest of the appellant shall invest the amount in Fixed Deposit Receipts in the name of the appellant in some nationalized Bank. The Secretary, District Legal Services Authority, District 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.