Meera Devi V. Rameshwardayal and Banna Lal and The New India Assurance Co. Ltd.

CMA/2290/2016

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Meera Devi, the appellant, filed an appeal against the award of the Motor Accident Claims Tribunal, which granted her a compensation of Rs. 23,500 for injuries sustained in a motor vehicle accident on July 30, 2005. The appellant suffered a permanent physical disability of 9% due to the accident. The appeal sought an enhancement of this compensation. The High Court of Rajasthan considered the appellant's age, income, and the extent of her disability, applying the appropriate multiplier and additional compensation for future prospects, medical expenses, and other factors. The court found the original compensation inadequate and modified the award accordingly.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 808835 (HC-RAJASTHAN)
• Appeal Type: Others
• Pronouncement Date: 29-04-2019
• Assessment Year: misc
• Laws Referred To: Motor Vehicle Act, 1988
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: B P SHARMA
• Assessee Lawyers: RITESH JAIN
• Keywords: Compensation; Enhancement of compensation; Motor Accident Claims Tribunal; Permanent physical disability
• Section: 166

Judgement Text

"HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2290/2016 Meera Devi W/o Late Radhyshyam aged 55 years, B/c Mahajan, R/o Malan Ki Gali, presently Scheme No.1, Alwar. ----Appellant-Claimant Versus 1. Rameshwardayal S/o Nanag Ram B/c Meena, aged 37 years, R/o Ghatwara Tehsil Amer Distt, Jaipur (Driver) 2. Banna Lal S/o Nathuram Gurjar R/o Gurjaron ki dhani, Gram Ghatwara Tehsil Amer Distt Jaipur (Owner) 3. The New India Assurance Co. Ltd. Jaipur through Branch Manager, Alwar, Insurer. ----Respondents-Non Claimants. For Appellant(s) : Mr. Ritesh Jain For Respondent No.3 : Mr. B.P. Sharma HON'BLE MRS. JUSTICE SABINA Judgment 29/04/2019 Learned counsel for the appellant has submitted that service qua respondents No.1 & 2 for the purposes of this appeal be dispensed with. Ordered accordingly. Appellant has filed this appeal challenging the award dated 17.3.2016 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 9%. Hence, compensation amount granted by the tribunal was liable to be enhanced. (2 of 3) [CMA-2290/2016] Learned counsel for respondent No.3 has opposed the appeal. Admittedly, appellant was aged about 47 years at the time of accident. Hence, appropriate multiplier to work out the compensation amount would be ‘13’. Appellant had filed claim petition under Section 166 of Motor Vehicle Act, 1988, seeking compensation on account of injuries suffered by her in the motor vehicle accident which had occurred on 30.7.2005. As per Exhibit-12 (copy placed on record by learned counsel for the appellant during the course of arguments) disability certificate issued by Medical Board of Doctors, appellant had suffered permanent physical disability to the extent of 9%. The said certificate has been issued by Medical Board of Doctors and there is no reason to doubt the genuineness of the same. Learned Tribunal after considering the income tax return filed by the appellant for the assessment year 2005-06 has taken income of the appellant as Rs.1,04,570/- per annum. Thus, the appellant would be entitled to receive Rs.1,04,570/- X 13 X 9%=Rs.1,22,346/- by way of compensation vis-à-vis permanent disability suffered by him. Appellant would be further entitled to receive an addition of 25% of the said amount towards loss of her future prospects and the said amount comes to Rs.30,586/-. Learned tribunal after considering the medical bills proved on record has held that the appellant was entitled to receive Rs.11,000/- towards expenses incurred by the appellant on her treatment. Appellant had remained admitted in the hospital for 7 days. Hence, appellant would be entitled to receive Rs.3,500/- (3 of 3) [CMA-2290/2016] towards hospitalization expenses. Appellant would be further entitled to receive Rs.10,000/- towards transportation expenses and Rs.10,000/- towards special diet etc. Appellant would be entitled to receive Rs.20,000/- towards pain and suffering. Thus, appellant is entitled to receive in all Rs.1,22,346/-+ Rs.30,586/-+ Rs.11,000/-+ Rs.3,500/-+ Rs.10,000/-+ Rs.10,000/-+ Rs.20,000/-=Rs.2,07,432/-. Accordingly, this appeal is allowed. Impugned award dated 17.3.2016 is modified to the extent that the appellant would be entitled to receive Rs.2,07,432/- by way of compensation instead of Rs.23,500/- 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, Alwar shall invest the amount in Fixed Deposit Receipts in the name of the appellant in some Nationalized Bank. The Secretary, District Legal Services Authority, Alwar shall further apprise the appellant with regard to the amount which has been granted to her by way of enhancement and the fact that the enhanced amount shall be invested in Fixed Deposit Receipts in some Nationalized Bank for her benefit. (SABINA),J Brijesh 18. "