Harish vs Bhuvnesh And Anr
2021 Latest Caselaw 6515 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1310/2013

Harish Kumawat S/o Shri Nauratmal Kumawat R/o Borawar, Tehsil Makrana District Nagaur (Raj.)

----Appellant Versus

1. Bhuvnesh Dausaya S/o Shri Surya Prakash Dausaya R/o 18/120 Moondari Mohalla, Mandargae, Ajmer (Raj.) (Driver and Owner of Vehicle No. RJ-01-SK-3160)

2. ICICI Lombard General Insurance Company Limited, Amar Palza, Moti Mahal Hotel, Opposite side of Daulat Baag, Ajmer (Raj.) (Insurance Co. Vehicle No. RJ-01-SK-3160)

----Respondent

For Appellant(s) : Mr. Ayush Gehlot For Respondent(s) : Mr. Vipul Singhvi

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

04/03/2021

With consent of learned counsel for the parties, the matter is

being heard and decided finally.

The present appeal has been preferred against the judgment

and award dated 27.02.2013 passed by Motor Accident Claims

Tribunal, Parbatsar, in Motor Accident Claim No. 124/2010,

whereby the learned Tribunal after framing the issues, evaluating

the evidence on record and hearing the learned counsel for the

parties decided the claim petition of the appellant-claimant and

awarded a sum of Rs. 1,42,000/- in his favour on account of the

injuries sustained by him in the accident which occurred on

05.04.2010.

(2 of 4) [CMA-1310/2013]

Learned counsel for the appellant submits that the admitted

position in the present case is that at the time of accident, the

appellant was 27 years of age and was doing the work of Marble

Fixing. He further submits that the appellant was earning Rs.230/-

per day by doing the said work. In support of his contentions, he

also produced evidence. He submits that the permanent disability

of the appellant-claimant in the present case was assessed to the

extent of 21%. He further submits that in view of the facts

mentioned above, a total amount of Rs.1,00,000/- was awarded

as a lump-sum amount by the Tribunal and the same is on the

lower side. He also submits that in the light of the judgments of

the Hon'ble Supreme Court in the case of Sanjay Verma vs.

Haryana Roadways 2014 ACJ 692 and Pappu Deo Yadav vs.

Naresh Kumar and ors. AIR 2020 SC 4424, no amount

towards the loss of future prospects was awarded therefore, he

prays that the amount of compensation may be suitably

enhanced.

Per contra, learned counsel for the respondent-Insurance

Company submits that the Tribunal has rightly taken into

consideration the evidence produced before it and after evaluating

the same, passed the judgment and award dated 27.02.2013. He

further submits that the amount of compensation awarded by the

Tribunal in the present case is a 'just compensation' and therefore,

no interference is warranted by this Court. However, learned

counsel for the respondent-Insurance Company is not in a position

to controvert the submission of learned counsel for the appellant-

claimant on the aspect of amount of compensation towards the

loss of future prospects in the light of the judgments relied upon

by learned counsel for the appellant-claimant.

(3 of 4) [CMA-1310/2013]

I have considered the submissions made at the Bar and have

gone through the judgment dated 27.02.2013, as well as other

relevant record of the case.

It is an admitted fact that the appellant-claimant suffered

permanent disability to the extent of 21% on account of the

accident which occurred on 05.04.2010 and at the time of

accident, he was earning Rs.230/- per day by doing the job of

Marble Fixing. The age of the appellant-claimant was 27 years,

therefore, in the light of the judgments of Hon'ble the Supreme

Court in the case of Sanjay Verma vs. Haryana Roadways and

Pappu Deo Yadav vs. Naresh Kumar and ors. (supra), the

appellant-claimant is entitled to get 40% amount towards the loss

of future prospects. The Tribunal has only awarded Rs.5,000/-

towards the pain and suffering and the same is also required to be

enhanced to Rs.25,000/-. The calculation of the amount of

compensation in the present case is as under:-

Age of the Injured - 27 Future Prospects 40%; Permanent Disability 21% Monthly Income (230x 26) = 5,980/- per month Towards Future Prospects {5980+2392(40%)= 8,372/-} (8372 x 17 x 12 x 21%) = 3,58,656/-

Towards Pain and Suffering = 25,000/-

     Medical Expenses                         =                32,000/-
     (Admitted by Tribunal)
     Transportation                           =                5,000/-
     (Admitted by Tribunal)
                                                   ___________
     Total Award                              = Rs.4,20,656/-
     Amount already awarded                   = Rs. 1,42,000/-
                                                  ____________

     Enhanced Amount                          = Rs. 2,78,656/-


                                                                             (4 of 4)                [CMA-1310/2013]

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

allowed. The respondent-Insurance Company is directed to pay

the enhanced amount of Rs.2,78,656 (Rs. Two Lac Seventy Eight

Thousand Six Hundred Fifty Six Only) in favour of the appellant-

claimant in addition to the amount of compensation already

awarded by the Tribunal vide its judgment dated 27.02.2013

within a period of six weeks from today. The enhance amount shall

carry interest @ 6% p.a. from the date of filing of the claim

petition, till the same is paid.

(VINIT KUMAR MATHUR),J

109-/VivekM/-

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