Vishnukanwar And Ors vs Shokat Hussain And Anr

These four appeals are arising out of common award.

The unfortunate accident happened on 27.11.1998 when vehicle was driven by Amritlal bearing No. RJ 27 P 1329 rashly and negligently and caused accident in which Vishnu Kanwar, Devi Singh, Bherulal, Mangilal, Valchand and Kuber Singh got injured and Mangilal expired. Amritlal also got injured.

After arguing on merits for some time, learned counsel for the parties are in agreement that they shall be satisfied if for the injury case guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 05.11.2018 are applied and in death case National Insurance Company Limited Vs. Pranay Sethi & Ors. ; AIR 2017 SC 5157, guidelines are adhered to.

On such submission, learned counsel for the respondents along with learned counsel for the appellants are directed to jointly submit the computation for the three injury cases as per guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 05.11.2018, and in one death case as per Pranay Sethi case which have been furnished and reads as under:-

SBCMA No. 468/2002 (Vishnu Kumar Vs. Shokat Sussain & Ors.)

Age of the Injured

20 years

Permanent Disability (30%) (25000+(30x5000)

Rs. 1,75,000/-

Hospitalization (7 days) (7x1100)

Rs. 7,700/-

Loss of income (as already given by the tribunal)

Rs. 10,000/-

Transportation Expenses (as already given by the tribunal)

Rs. 2,000/-

Special Diet Expenses (As already given by the tribunal)

Rs. 2,000/-

Attendant Expenses (as already given by the tribunal)

Rs. 2,000/-

Total

Rs. 1,98,700/-

Pain & Sufferings (25% of 1,98,700/-)

Rs. 49,675/-

Medical Expenses

Rs. 25,000/-

Total Compensation

Rs. 2,73,375/-

Already awarded by the tribunal

Rs. 71,000/-

Enhanced award

Rs. 2,02,375/-

SBCMA NO.424/2002 (Rukmani Devi & Ors. Vs.Sh. Shookat Hussain)

Age of the Deceased

27 years

Multiplier

17

Future Prospects

40%

Personal Expenses Deduction (4 dependents)

¼

Monthly income of the deceased

Rs. 1500/-

Monthly income after adding future Prospects

Rs.2100/-

Monthly income after deducting personal expenses

Rs. 1,575/-

Yearly income of the deceased

Rs. 18900/-

Total income after applying multiplier

Rs.3,21,300/-

Other conventional heads

Rs.70,000/-

Total Award

Rs. 3,91,300/-

Compensation awarded lby the Tribunal

Rs. 1,90,000/-

Enhanced award

Rs. 2,01,300/-

SBCMA No. 426/2002 (Bherulal Vs. Sh. Shookat Hussain)

Age of the Injured

30 years

Permanent Disability (40%) (25000+(40x5000)

Rs. 2,25,000/-

Hospitalization (58 days) (58x1100)

Rs.63,800/-

Loss of income (as already given by the tribunal)

Rs. 20,000/-

Transportation Expenses (as already given by the tribunal)

Rs.4,000/-

Special Diet Expenses (As already given by the tribunal)

Rs.3,000/

Attendant Expenses (as already given by the tribunal)

Rs. 3,000/-

Total

Rs. 3,18,800/-

Pain & Sufferings (25% of 3,18,800/-)

Rs. 79,700/-

Medical Expenses

Rs. 5,000/-

Total Compensation

Rs.4,03,500/-/-

Already awarded by the tribunal

Rs. 75,000/-

Enhanced award

Rs. 3,28,500/-

SBCMA No. 427/2002 (Shri Kuber Singh Vs. Shri Shookat Hussainc & Ors.)

Age of the Injured

30 years

Permanent Disability (50%) (25000+(50x5000)

Rs.2,75,000/-

Hospitalization (47 days) (47x1100)

Rs. 51,700/-

Loss of income (as already given by the tribunal)

Rs. 25,000/-

Transportation Expenses (as already given by the tribunal)

Rs. 4,000/-

Special Diet Expenses (As already given by the tribunal)

Rs. 3,000/-

Attendant Expenses (as already given by the tribunal)

Rs. 4,000/-

Total

Rs. 3,62,700/-

Pain & Sufferings (25% of 3,62,700/-

Rs.90,675/-

Medical Expenses

Rs. 25,000/-

Total Compensation

Rs. 4,78,375/-

Already awarded by the tribunal

Rs. 1,11,000/-

Enhanced award

Rs. 3,67,375/-

As per the revised guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 05.11.2018, the enhanced award of Rs.2,02,375/- in (SBCMA No. 468/2002) Rs. 2,01,300/- (in SBCMA NO.424/2002 as per Pranay Sethi case), Rs. 3,28,500/- (in SBCMA No. 426/2002) and Rs. 3,67,375/- (in SBCMA No. 427/2002) is granted which shall be payable along with interest @ 9% per annum (as the matter being very old) from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within three months from today, failing which the same shall carry interest @ 12% per annum for the subsequent period (i.e. after three months from today) till actual payment is made.

The appeal is accordingly disposed of. All pending applications also stand disposed of.