Parbat Singh vs Ashok And Ors
2021 Latest Caselaw 2160 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 4512/2011

Parbat Singh S/o. Bhanwar Singh Rajput, age 36 years, by caste Rajput, R/o.Digadi, District Jodhpur presently R/o. Kankani, District Jodhpur.

----Appellant Versus

1. Ashok Sindhi S/o Shri Ranganath Sindhi, R/o. Aakola, District Solapur, Maharastra (Driver Trailer No.HR38-D-4167)

2. Nitin Rajan Arora, M/s. Highway Karwa Carriers, R/o.402, Mahaveer Apartment, Evershine Nagar, Malad West, Mumbai, Maharastra (Owner Trailer No.HR38-D-4167)

3. The New India Assurance Company Limited, Abhay Chambers, Jalore Gate, Jodhpur through Divisional Manager.

                                       (Insurer Trailer No.HR38-D-4167)
                                                                ----Respondent


For Appellant(s)         :     Mr. Dhirendra Dadhich on behalf of
                               Mr. Manish Dadhich
For Respondent(s)        :     Mr. UCS Singhvi

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

27/01/2021

Heard learned counsel for the parties on the application

under Section 5 of the Limitation Act for condonation of delay of

29 days in filing the appeal.

No reply has been filed to the said application.

For the reasons mentioned in the application, the same is

allowed. The delay of 29 days in filing the present appeal is

condoned.

(2 of 3) [CMA-4512/2011]

With the consent of learned counsel for the parties, the

appeal itself is heard on merit.

The present appeal arises out of the judgment and award

dated 24/10/2009 passed by learned Additional District Judge

(Fast Track No.4), MACT Cases Jodhpur in Motor Accident Claims

Case No. 136/2008, whereby learned Tribunal has awarded a sum

of Rs. 9,73,600/- to the appellant.

Learned counsel for the appellant very fairly submits that

while computing the award, only amount qua future prospects has

not been taken into consideration by the Tribunal,. Therefore, the

same is required to be taken into consideration in the light of the

judgments of Hon'ble Supreme Court in the cases of Sanjay

Verma vs. Haryana Roadways, 2014 ACJ 692 & Pappu Deo

Yadav vs. Naresh Kumar & Ors, AIR 2020 SC 4424. He

further submits that income of the injured Parbat Singh was

assessed by the Tribunal as Rs.41,650/- per annum and his

disability was assessed 100% in view of the fact that both the legs

of the injured Parbat Singh were amputated. Since the

appellant/claimant was performing the job of driver and in view of

the fact that both the legs have been amputated, he is not able to

perform his job for all purposes in future. Therefore, learned

counsel for the appellant submits that future prospects are

required to be assessed and a suitable amount may be granted in

addition to the compensation awarded by learned Tribunal vide its

judgment dated 24/10/2009.

Per contra, learned counsel for the respondent submits that

the award passed by learned Tribunal is just and proper as the

Tribunal has taken into consideration all the evidence brought on

record and assessed the compensation which can be termed as

(3 of 3) [CMA-4512/2011]

"just compensation" in the present case. However, he fairly

submits that no amount has been awarded towards future

prospects by the Tribunal.

Having considered the rival submissions made at the bar, in

view of the judgments rendered by Hon'ble Supreme Court in the

cases of Sanjay Verma & Pappu Deo Yadav(supra) and considering

the fact that the appellant has suffered 100% disability as both

the legs were amputated, I am of the view that the future

prospects are required to be taken into consideration while

computing the award.

In view of the calculations made by the Tribunal and the

income assessed, the amount of future prospects agreed to by

learned counsel for the parties in this case comes to Rs.

2,83,220/-. Thus, the same is required to be computed and

added in the amount awarded by the Tribunal vide its award dated

24/10/2009.

In view of the discussions made above, the present appeal is

partly allowed. The respondent/Insurance company is directed to

pay an amount of Rs. 2,83,220/- (Rupees : Two Lakh Eighty Three

Thousand Two Hundred Twenty Only) to the appellant in addition

to the amount already awarded by the Tribunal within a period of

six weeks from today. If the said amount is not paid within the

stipulated period, the same shall carry an interest @ 6% per

annum till the same is actually paid.

(VINIT KUMAR MATHUR),J

27-SanjayS/-

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