Sanjay Gautam vs Mukesh Kumar Sisodia
2021 Latest Caselaw 7516 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 1433/2001

Sanjay Gautam S/o Shri Narendra Gautam, aged about 29 years,
resident of Ardans Thana - Attrue, Dist - Banra, at presently
residing opposite to Bal Bharati Sakat Pura, Kota.

                                                        ----Appellant-Claimant

                                    Versus

1. Mukesh Kumar Sisodia S/o Shri Haridatt Sisodia, resident 1 c
76, Mahaveer Nagar, Kota. Owner of Jeep R.J.20-P-2707.


2. Sappu @ Shariff Mohd. S/o Shri Manjood Ahmed, resident -
power house Cansanvo, premnagar, D.C.M. Kota Driver of jeep
R.J. 20-P-2707.


3. New India Insurance Company Limited, Kota, covering note
No.649472, insured from 13/1/97 of jeep R.J. 20-P-2707.

                                                                ----Respondents

For Appellant(s) : Mr. Naseemuddin Qazi, Advocate For Respondent(s) : Mr. Prem Krishna Sharma, Advocate with Mr. Devkrishna Purohit, Advocate

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

10/12/2021

Instant appeal has been filed challenging the judgment

and award dated 28.05.2001 passed by the Motor Accident Claims

Tribunal, Kota in Motor Accident Claim Case No.301/99 by which

an award of Rs.4,92,200/- was passed.

Counsel for the appellant submits that the appellant

has suffered 100% disability and he is not able to discharge his

daily routine activities. He further submits that as per the

(2 of 3) [CMA-1433/2001]

disability certificate (Exhibit-1), the appellant has suffered 100%

permanent disability and it also indicates that the appellant would

remain dependent on others for all activities. He further submits

that while passing impugned award the Tribunal has not granted

any amount of compensation towards the loss of amenities of life

and also not a single penny has been awarded for the attendant

who is regularly attending the appellant. He further submits that

under these circumstances the impugned award needs suitable

enhancement.

Admittedly, the appellant has filed the claim petition

under Section 166 & 140 of the Motor Vehicle Act seeking

compensation on account of the injuries sustained by him in motor

accident occurred on 21.11.1998. His disability certificate (Exhibit-

1) is available on record, which indicates that the appellant has

sustained 100% disability and it is also mentioned in the said

certificate that the appellant would remain dependent on others

for all activities. The certificate has been issued by the Medical

Board of three Doctors of M.B.S. Hospital & Medical College, Kota

and there is no reason to disbelieve the genuineness of the said

certificate. Perusal of the aforesaid certificate clearly indicates that

the appellant is not in a position to perform his daily routine

activities and for that purpose he needs help of attendant for

discharging his daily and routine activities. Counsel for the

appellant has placed reliance on the judgment delivered by this

Court on 09.12.2021 in the case of Lila Ram Vs. Deshraj & Ors.

(S.B. Civil Misc. Appeal No.4615/2017), wherein the situation

was almost identical and the appellant therein had suffered 90%

permanent disability. In that matter, this Court held that the

appellant therein was entitled to get a sum of Rs.3,00,000/-

(3 of 3) [CMA-1433/2001]

towards loss of amenities in life and it has also been held that the

appellant therein is entitled to get a sum of Rs.2,00,000/- on

account of the requirement of attendant.

In the instant case the appellant has sustained 100%

permanent disability, so looking to the facts and circumstances of

this case the appellant is entitled to get additional compensation

of Rs.4,00,000/- for future amenities and compensation of

Rs.2,00,000/- for attendant.

Accordingly, this appeal is allowed and the amount

awarded by the Motor Accident Claims Tribunal, Kota vide its

judgment and award dated 28.05.2001 stands modified to the

extent that the appellant would be entitled to receive

Rs.6,00,000/- by way of compensation in addition to the

compensation of Rs.4,92,200/-. The remaining terms and

conditions of the award shall remain unchanged.

It is further ordered that out of the enhanced amount

a sum of Rs.1,50,000/- be deposited in the Savings Bank Account

of the appellant and the remaining amount of enhanced

compensation be invested in the Fixed Deposit with any

Nationalized Bank initially for a period of three years and the

interest accrued on the said deposit shall be paid to the appellant

on monthly basis.

The respondents are directed to deposit the enhanced

amount with the interest @ 6% per annum from the date of filing

of the claim petition.

(ANOOP KUMAR DHAND),J

KuD/3

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