Narendra Singh vs Sanjay And Ors
2021 Latest Caselaw 12897 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1429/2018

Narendra Singh S/o Shri Khuman Singh Bhati, By Caste Rajput, R/o 104 , Akashwani Colony, Madri, District - Udaipur.

----Appellant Versus

1. Sanjay S/o Mangi Lal Khatik, R/o 278, Uit Colony, Purohiton Ki Madri, P.s. - Pratap Nagar , Udaipur.

(Driver)

2. Rohit Kumar S/o Rameshchandra Acharya, R/o Purohiton Ki Madri, Road No. 4,udaipur.

(Owner)

3. National Insurance Co. Ltd., Through Its Manager, National Insurance Co. Ltd, Udaipur.

(Insurer)

----Respondents

For Appellant(s) : Mr. Manish Kumar Pitaliya. For Respondent(s) : Mr. T.R.S. Sodha.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

18/08/2021

Learned counsel for the appellant submits that service upon

respondent No.2 may be dispensed with at his risk and cost.

Ordered accordingly.

With the consent of learned counsel for the parties, the

instant appeal is being heard and disposed of finally at this stage

itself.

The instant appeal has been preferred by the appellant

-claimant against the judgment and award dated 22.01.2018

passed by Judge, Motor Accident Claims Tribunal No.1, Udaipur in

Motor Accident Claim Case No.193/2007, whereby the Tribunal

(2 of 4) [CMA-1429/2018]

partly allowed the claim petition filed by the appellant-claimant

and awarded a sum of Rs.2,39,600/- as compensation with an

interest @ 8.5% p.a. on account of injuries sustained by Narendra

Singh in the accident which occurred on 18.09.2016.

Learned counsel for the appellant-claimant submits that the

Tribunal fell in error while deciding the issue No.2 and reducing

the permanent disability sustained by the appellant to the extent

of 12% from 24%. Learned counsel submits that on account of

fracture of femur bone, the Medical Board assessed permanent

disability of the appellant to the extent of 24%, however, learned

Tribunal while computing the award in the present case reduced

the same to the extent of 12%. It is also contended that the

Tribunal has also committed an error in not awarding a suitable

amount of compensation to the appellant towards loss of future

prospects in view of the judgment passed by 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. He, therefore, prays that the

judgment and award passed by the Tribunal may kindly be

suitably modified by enhancing the amount of compensation.

Per contra, learned counsel for the respondent Insurance

Company submits that the Tribunal has rightly assessed the

permanent disability of the appellant on the basis of the evidence

produced before it, therefore, the amount awarded in the present

case is a just compensation. He, therefore, prays that no

interference is warranted in the judgment and award passed by

the Tribunal.

(3 of 4) [CMA-1429/2018]

I have considered the submissions made at the bar, gone

through the judgment dated 22.01.2018 passed by the Tribunal as

also perused relevant record of the case.

Admittedly, in the present case, the appellant had sustained

the injuries on account of the accident which occurred on

18.09.2016 in which he suffered fracture of femur bone and the

medical board assessed permanent disability of the appellant to

the extent of 24%. Perusal of the certificate (Exp.45) issued by

the Medical Board shows that the appellant had suffered fracture

on account of which he sustained permanent disability to the

extent of 24% and therefore, the permanent disability of the

appellant should have been taken into consideration to the extent

of 24% while computing the award instead of 12%. Therefore, the

Tribunal has erred in computing the award while considering the

permanent disability of the appellant to the extent of only 12%.

The Tribunal has also committed error in not awarding a

reasonable amount of compensation towards the loss of future

prospects on account of the permanent disability sustained by the

appellant, therefore, the award is also liable to be recomputed in

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

Pappu Deo Yadav (supra). The calculation of award in the

present case will be as under:-

Annual Income considered by the Tribunal - Rs.90,000/-

     90,000 x 24/100x 17 =                            Rs.3,67,200/-
     + 40% future prospect =                          Rs.1,46,880/-
     Loss of income =                                 Rs.5,14,080/-
     For injuries =                                   Rs.15,000/-
     Hospitalization =                                Rs.11,000/-
     Loss of income during treatment =                Rs.22,500/-

     Medical expenses =                               Rs.7,500/-
                    Total: =                          Rs.5,70,080/-
     Subtract awarded amount =                        Rs.2,39,600/-


                                                                             (4 of 4)                 [CMA-1429/2018]


                                                                                           ------------------
                                                                                           Rs.3,30,480/-
                                                                                           =========

In view of the discussion made above, the appeal is partly

allowed. The respondent insurance company is directed to pay

the enhanced amount of Rs.3,30,480/- to the appellant-claimant.

The enhanced amount shall carry an interest @ 6% p.a. from the

date of filing of the application till the same is paid.

(VINIT KUMAR MATHUR),J

225-Anil Singh/-

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