Jeth Singh vs Anand Singh
2021 Latest Caselaw 12844 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 802/2020

Jeth Singh S/o Nathu Singh, Aged About 45 Years, B/c Rawat, R/o Bheraguda, Tehsil Bhim, District Rajsamand.

----Appellant Versus

1. Anand Singh S/o Arjun Singh, R/o Kishanpura, Tehsil Devgarh, District Rajsamand (Driver)

2. Hem Singh S/o Gain Singh Rawat, R/o Badi Barjal, Tehsil Bhim, District Rajsamand (Owner)

3. United India Insurance Company Ltd., Through Manager, Branch Office, Gauri Kunj, Jal Chakki, Rajnagar, Tehsil And District Rajsamand (Insurer)

----Respondents

For Appellant(s) : Mr. Sandeep Saruparia For Respondent(s) : Mr. Tirath Raj Singh Sodha

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

17/08/2021

The matter comes up on an application for dispensing

service of notice upon respondent No. 2.

For the reasons mentioned in the application, the same is

allowed at the risk and cost of the learned counsel for the

appellant. Service of notice upon respondent No. 2 Hem Singh is,

therefore, dispensed with.

With the consent of the learned counsel for the parties the

matter is being heard and disposed of finally today itself.

(2 of 5) [CMA-802/2020]

The present appeal has been preferred against the award

dated 18.11.2019 passed by MACT, Rajsamand, in MACT Case No.

195/2019, whereby the appellant Jeth Singh was awarded a sum

of Rs.2,03,800 /- on account of the injuries suffered by him in the

accident which occurred on 03.03.2019.

The learned Tribunal, after framing the issues, evaluating the

evidence on record and hearing learned counsel for the parties

decided the claim petition of the claimant-appellant.

Learned counsel for the appellant has limited his argument

only to the finding of the Tribunal recorded on Issue No. 3.

Learned counsel submits that as per the injury report, the

appellant suffered 30% permanent disability on account of a

fracture in the femur bone. He submits that the medical

authorities gave the certificate of disability of the injured to the

extent of 30%, whereas, the Tribunal took into consideration

permanent disability to the extent of 15% only. He further submits

that the Tribunal committed an error while considering the

disability to the extent of 15% only. He, therefore, prays that the

award should be computed taking into consideration the disability

to the extent of 30% as reflected in Exp. 12.

Learned counsel further submits that the Tribunal has not

awarded any amount towards the loss of future prospects in the

light of the judgments of the Hon'ble Supreme Court in the case

of Pappu Deo Yadav vs. Naresh Kumar and ors. AIR 2020

SC 4424 and Sanjay Verma vs. Haryana Roadways 2014

ACJ 692.

Learned counsel however, fairly submits that all other

factors taken into consideration by the Tribunal for computation of

(3 of 5) [CMA-802/2020]

the award are not challenged as the Tribunal rightly decided the

same.

Per contra, learned counsel for the respondent - Insurance

Company vehemently opposed the submissions made by the

counsel for the appellant and submits that the judgment of the

Tribunal dated 18.11.2019 is just and proper as the same has

been passed after evaluation of the evidence brought on record

and the same is a 'just compensation' in the present case. He

further submits that there is no error in the award dated

18.11.2019 and, therefore, no interference is warranted by this

Court.

I have considered the submissions made at the Bar and gone

through the award dated 18.11.2019 as well as other relevant

record of the case.

The findings of the Tribunal recorded on Issue No. 3 while

taking permanent disability to the extent of 15% taken into

consideration for computation of the award appears to be

erroneous as Exp. 12 issued by the competent medical authorities,

clearly shows that there is 30% of permanent disability of the

appellant making him disable throughout his life. It is a hard

reality that if a person suffered 30% of permanent disability, then

the situation becomes very difficult for completing his day-to-day

affairs including the reduction in the performance for the future

endeavors. The Tribunal, therefore, was not right in reducing the

permanent disability from 30% to 15% while computing the award

in this case. The findings of the Tribunal on Issue No. 3, therefore,

are set aside and it is ordered that the disability to the extent of

30% is required to be taken into consideration while computing

the award of compensation in the present case.

(4 of 5) [CMA-802/2020]

It is also noticed that the Tribunal has not awarded any

amount towards the loss of future prospects on account of the

permanent disability suffered by the appellant. The same are also

required to be computed and taken into consideration in the light

of the judgment of the Hon'ble Supreme Court in the case of

Pappu Deo Yadav vs. Naresh Kumar and ors. AIR 2020 SC

4424 and Sanjay Verma vs. Haryana Roadways 2014 ACJ

692.

Thus, taking into consideration the discussions made in the

preceding para, the award is recomputed as under:-

Income of the claimant- Rs. 84,000/- P.A.

appellant Towards Loss of Future 84,000 x25/100 =Rs. 21,000/-

Prospects 25% Total Rs.1,05,000/-

Permanent Disability 30% 1,05,000 X 30/100

=Rs. 31,500/-

                                          31,500 x 13=              Rs.4,09,500/-
                                      Pain and suffering            Rs.10,000/-
                                      Medical expenses              Rs. 8,000/-

Expenses incurred for loss of income Rs. 21,000/-

Transportation charges Rs. 1,000/-

Total Rs.4,49,500/-

Amount awarded by the Tribunal vide Rs.2,03,800/-

award dated 18.11.2019 Enhanced Amount Rs.2,45,700/-

Thus, in view of the discussions made above, the present

appeal is partly allowed and the amount of Rs.2,45,700/-

(Rupees: Two Lac Forty Five Thousand Seven Hundred Only) is

enhanced and the respondent-Insurance Company is directed to

(5 of 5) [CMA-802/2020]

pay the enhanced amount in addition to the amount already

awarded by the Tribunal vide judgment and award dated

18.11.2019 within a period of eight weeks from today. The

enhanced amount shall carry an interest @ 6% from filing of the

claim petition and till the same is paid.

(VINIT KUMAR MATHUR),J

105-Payal/-

Powered by TCPDF (www.tcpdf.org)