Rajasthan High Court - Jodhpur
Jassa Ram vs Surendar Singh And Ors on 28 January, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 451/2014
Jassa Ram S/o Sh. Narayan Ram B/c Jat Age 28 years, work as
Driver R/o Biramsar Tehsil Nokha, District Bikaner.
----Appellant
Versus
1.Surendar Singh S/o Sh. Harbhajan Singh B/c Sikh R/o S.A.S.
Nagar Ward No.12 Malote Tehsil Malote District Muktsar (Punjab)
....Truck Driver
2. Harendar Kaur D/o Sh.Tulcha Ram B/c Arora (Sikh) R/o
Malote Police State Malote, Ward No.5, District Muktsar.
(Punjab).
.....Truck Owner
3. New Indian Insurance Company Limited, through Senior
Branch Manager, New India Insurance Company Limited, Tulsi
Circle, Sadul Colony, Bikaner.
----Insurance Company
For Appellant(s) : Mr. S.K. Verma
For Respondent(s) : Mr. N.K. Mehta
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
28/01/2021
The present appeal is disposed of finally with the consent of
the learned counsel for the parties.
The present appeal has been preferred against the judgment
and award dated 11.12.2013 passed by the Motor Accident Claims
Tribunal, Bikaner whereby the appellant has been awarded a
compensation of Rs.10,59,871/- on account of injuries suffered by
the him due to the accident which occurred on 5.6.2010.
(2 of 4) [CMA-451/2014]
The admitted position in the present case is that the
appellant was an agriculturist and was 28 years of age at the time
of accident. The present appeal has been preferred for enhancing
the amount awarded by the Tribunal vide its judgment and award
dated 11.12.2013.
Learned counsel for the appellant vehemently submitted that
the learned Tribunal has not considered any amount towards
future prospects in the light of the judgment rendered by Hon'ble
the Supreme Court in the case of Sanjay Verma Vs. Haryana
Roadways reported in 2014 ACJ 692 and Pappu Deo Yadav
Vs. Naresh Kumar and Ors. Reported in AIR 2020 SC 4424.
He therefore, submits that same should be awarded by enhancing
the compensation suitably.
Per contra, learned counsel for the respondent - Insurance
Company submits that the Tribunal has considered the entire
evidence brought before it and after evaluating the same, 'just
compensation' in the present case has been awarded. He submits
that the Tribunal has taken into consideration the daily wages
rates of 2013 i.e. the date of the passing of the judgment whereas
it should have taken into consideration the daily rates prevailing at
the time when the accident occurred i.e. on 5.6.2010. He further
submits that the amount awarded by the Tribunal does not call for
any interference by this Court.
I have considered the submissions made at the Bar.
It is brought on record that the appellant-claimant was 28
years of age and has suffered multiple fractures in the accident
which occurred on 5.6.2010. The details of the injuries suffered
have been discussed at length in Para 13 of the judgment of the
Tribunal. In view of the report Exp.16, it is clear that the appellant
(3 of 4) [CMA-451/2014]
has suffered multiple fractures on his body and therefore, he has
been adjudged for permanent disability to the tune of 90%. In
view of the fact that no amount has been awarded under the head
of future prospects in the present case, therefore this Court feels
that same is required to be considered for awarding the same in
the light of the judgment rendered by Hon'ble the Supreme Court
in the case of Sanjay Verma (supra) and Pappu Deo Yadav(supra).
The daily wage rates prevailing at the time of accident i.e.
5.6.2010 was Rs.3510/- and therefore, 90% amount of the same
will be Rs.3159/-. The amount therefore, is recomputed as
under:-
Rs.3159 x 12 x 17 = Rs.6,44,436/-
Considering the fact that the future prospects are required to
be added while computing the award, same is considered to be
40% as an appropriate amount in the present case and therefore,
the amount comes to Rs.2,57,774/-. Thus, the total amount in the
present case will be as under:-
- Daily wage rates Rs.6,44,436/-
(3159x12x17)
- Future prospects (40%) Rs.2,57,774/-
- Pain and Suffering Rs.20,000/-
- Admission of appellant in hospital Rs.75,000/-
- Medical expenses Rs.1,72,535/-
___________
Total Rs.11,69,745/-
- less already awarded amount Rs.10,59,871/-
____________
Rs.1,09,874/-
____________
(4 of 4) [CMA-451/2014]
In view of the discussion made above, the respondent-
Insurance Company is directed to pay an additional amount of
Rs.1,09,874/- to the appellant within a period of six week. The
enhanced amount shall carry an interest @6% till the same is
paid.
The appeal is disposed of in the above terms.
(VINIT KUMAR MATHUR),J
77-praveen/-
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