Rajasthan High Court
Kamli Devi vs Arjunlal And Ors on 1 July, 2022
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2892/2018
Kamli Devi W/o Panchuram Gurjar, aged 49 years, R/o Dhani
Bichla Kua, Kumbhawas, Tehsil Shahpura, District Jaipur
----Appellant/Claimant
Versus
1. Arjunlal S/o Maktul Jat, R/o Ajeetpura, Kalan, Tehsil
Kotputli, District Jaipur (Driver)
2. Ramsingh S/o Laxmanram Jat, R/o Ajeetpura Kalan,
Tehsil Kotputli, District Jaipur Raj (Owner)
3. Bajaj Allianz General Insurance Company Limited Through
Regional Manager, Katewa Bhawan, Ganpati Plaza Ke
Samne, MI Road, Jaipur (Insurance Company)
----Respondents/Non-Claimants
For Appellant(s) : Mr. Ram Sharan Sharma
For Respondent(s) : Mr. Akshay Sharma, AGC through VC
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Judgment
01/07/2022
The instant appeal has been preferred by the claimant
appellant under Section 173 of the Motor Vehicles Act, 1988 (for
short 'the Act of 1988') against the judgment and award dated
27.03.2018 passed by the Court of Motor Accident Claims
Tribunal, Shahpura, District Jaipur (hereinafter referred to as 'the
Tribunal') in claim case No. 172/2010 (398/2014), whereby the
claim petition filed by the claimant appellant was allowed and an
amount of Rs. 2,89,962/- was awarded as compensation on
account of injuries sustained by her in an accident which occurred
on 13.03.2010.
(2 of 4) [CMA-2892/2018]
Learned counsel for the appellant claimant submits that the
appellant has sustained 45% permanent disability but the Tribunal
has committed an error in not awarding any amount towards
future prospects in the light of the judgment delivered by the
Hon'ble Apex Court in the case of National Insurance
Company Ltd. v. Pranay Sethi & Ors. : (2017) 16 SCC 680.
Counsel further submits that under the head of loss of future
amenities not a single penny has been awarded. Hence, the
impugned judgment and award dated 27.03.2018 needs suitable
enhancement.
Per contra, learned counsel for the respondents submits that
the Tribunal while deciding the claim petition of the claimant
appellant has rightly taken into consideration all the factors while
calculating the award in this case on the anvil of evidence
produced before it. Thus, the judgment and award dated
27.03.2018 passed by the Tribunal does not warrant any
interference by this Court.
In support of his contentions, counsel for the respondents
has placed reliance on the judgment delivered by the Hon'ble Apex
Court in the case of Raj Kumar Vs. Ajay Kumar and Anr.,
reported in (2011) 1 SCC 343.
I have considered the submissions made at the Bar and gone
through the judgment and award dated 27.03.2018 as well as the
material available on the record.
Admittedly, the injured claimant has sustained 45%
permanent disability and disability certificate (Ex.13) has been
issued by the Medical Board of three Doctors of Community Health
Centre, Sanganer, Jaipur and there is no reason to disbelieve the
genuineness of this certificate. This disability certificate clearly
(3 of 4) [CMA-2892/2018]
indicates that the appellant is not able to perform his daily routine
activities. Hence, under these circumstances the Tribunal has
committed an error in not granting any compensation under the
head of loss of future amenities and further committed an error in
not granting any amount towards future prospects in the light of
the judgment delivered by the Hon'ble Apex Court in the case of
Pranay Sethi (supra).
Thus, the award is re-computed as under:-
Monthly income Rs. 2600/- X 45/100 = Rs. 1,170
Annual income Rs. 1,170 x12 = Rs.14,040/- per annum
14,040 X 14 = Rs. 1,96,560/-
Add 40 per cent towards Rs.1,96,560 + Rs. 78,624
future prospects = Rs. 2,75,184/-
Towards loss of future Rs. 1,00,000/-
amenities
Towards Hospitalization (as Rs. 12,000/-
awarded by the Tribunal)
Loss of income during Rs. 2,000/-
treatment (as awarded by
the Tribunal)
Towards operation (as Rs. 5,000/-
awarded by the Tribunal)
Transportation expenses (as Rs. 5,000/-
awarded by the Tribunal)
Towards medical bills (as Rs. 15,962/-
awarded by the Tribunal)
Loss of pain and suffering (as Rs. 25,000/-
awarded by the Tribunal)
Total compensation Rs. 2,75,184/- +1,00,000 + 12,000 +
awardable 2,000 + 5,000 + 5,000 + 15,962 +
25,000 = Rs. 4,40,146/-
Less amount awarded by the Rs. 4,40,146 - Rs.2,89,962 =
Tribunal Rs. 1,50,184/-
Enhanced amount of Rs. 1,50,184/-
compensation
Thus, an amount of Rs. 1,50,184/- is enhanced in the
present case. The respondent Insurance Company is directed to
pay the enhanced amount of compensation of Rs. 1,50,184/- in
addition to the amount already awarded by the Tribunal vide its
(4 of 4) [CMA-2892/2018]
judgment dated 27.03.2018 within a period of two months from
the date of receipt of a certified copy of this order. The enhanced
amount shall carry interest @ 6% per annum from the date of
filing of the claim petition till the actual payment is made.
It is further ordered that out of the enhanced amount, the
Tribunal shall disburse a sum of Rs.50,000/- in the Saving Bank
Account of the claimant-appellant and the balance amount of the
enhanced compensation be invested in any Nationalized Bank
initially for a period of three years and interest accrued on the said
amount shall be paid to the appellant-claimant on monthly basis.
With the above observations, the present appeal stands
disposed of.
All the pending application(s), if any, also stand disposed of.
Registry is directed to send back the record of the Tribunal
forthwith.
(ANOOP KUMAR DHAND),J
Ritu/59
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