CIVIL MISCELLANEOUS 170 of 1999 on 30 November 1998

1

IN THE HIGH COURT OF JUDICATURE FORRAJASTHAN AT JAIPUR BENCH, JAIPUR.**

S.B.CIVIL MISC. APPEAL NO.170/1999(Rajesh Vs. Hoti Lal and ors.)

Date of Judgment:17-03-2009

HON'BLE MR.JUSTICE GUMAN SINGH

Mr.KN Tiwari,for the appellants.Mr.V.S.Yadav, for the respondents.

Heard learned counsel for the parties.

2. This appeal has been preferred on behalfof appellant-claimant Rajesh Kumar forenhancement of compensation awarded by thelearned Motor Accident Claims Tribunal,Jaipur (Rajasthan Cooperative Tribunal,Jaipur) vide judgment dated 30.11.1998whereby a sum of Rs.30,000/- was awarded byway of compensation for 16% permanentdisability sustained on account of injuriescaused in the accident.

3. The challenge in the appeal pertains toquantum of compensation only.

4. Learned counsel for the appellantsubmits that the learned Tribunal hasfailed to award adequate compensation andsame deserves to be awarded by taking second schedule to the M.V.Act as guideline.

5. Per contra, learned counsel for therespondents supported the judgment of theTribunal and submitted that the learnedTribunal has taken into considerationevidence adduced during inquiry and hasawarded adequate compensation and calls forno interference.

6. After hearing the rival contentions, andgoing through the award as also record ofthe case, it is revealed that the injured is16 years of young boy and, as such, hisincome can be taken to be as RS.15,000/- perannum and by adopting the appropriatemultiplier of 16, commensurating with thepercentage of disability, the compensationcan be computed as under:

15000 x 16 x 15% (disability)= 38400-10,000(already awarded by the Tribunal)= 28,400/-(to be additionally awarded).

7. Accordingly, appeal of the appellants ispartly allowed and the Award passed by thelearned Tribunal is modified to the extent that the appellants shall get a sum ofRs.28,400/- by way of additional enhancedcompensationfromthe date of appeal i.e.8.2.99, with 6% interest to be paid withinthree months. Thereafter interest shall bepaid @9% per annum. The rest of the terms ofaward shall remain unchanged. Record be sentforthwith.

Sandeep/-item no.35

(GUMAN SINGH),J.