Sunil Kumar S/O Shri Mohan Lal vs Kaptan Singh Yadav S/O Shri Arjun ...
2022 Latest Caselaw 4261 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 3319/2019

Sunil Kumar S/o Shri Mohan Lal, Aged About 38 Years, B/c
Kumawat,       Resident     Of     Bhatt       Mohalla,          Ajeetgarh,      Tehsil
Shrimadhopur, District Sikar (Rajasthan)
                                                                        ----Appellant
                                    Versus
1.     Kaptan Singh Yadav S/o Shri Arjun Singh Yadav, Resident
       Of House No. 68A, Palam Vihar, Phase-I, Gurgaon,
       Haryana (Driver)
2.     Jale Singh Yadav S/o Shri Arjun Singh Yadav, R/o Hosue
       No. 68A, Palam Vihar, Phase-I, Gurgaon Haryana, At
       Present 5/65, Uit Colony, Bhiwari, Tehsil Tijara, Alwar
       Through Power Of Attorney Holder, Kaptan Singh Yadav
       S/o Arjun Singh Yadav, Resident Of House No. 68A, Palam
       Vihar, Phase-I, Gurgaon, Haryana, (Owner)
3.     United      India   Insurance          Company            Limited    Through
       Regional Manager, 20, Mohan House, Transport Nagar,
       Jaipur (Insurance Company)
                                                                   ----Respondents

For Appellant(s)           :     Mr. Ram Sharan Sharma
For Respondent(s)          :     Mr. Tripurari Sharma


        HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
                                 Judgment

28/06/2022

At the verbal request of counsel for the parties, service upon

respondent Nos. 1 and 2 is dispensed with.

Instant appeal has been preferred by the claimant-appellant

against the judgment and award dated 26.04.2019 passed by the

Court of Motor Accident Claims Tribunal, Shahpura, District Jaipur

(hereinafter referred to as 'the Tribunal') in Claim Case

No.189/2015 (1726/2016) whereby an amount of Rs. 1,94,965/-

(2 of 3) [CMA-3319/2019]

has been awarded as compensation on account of injuries

sustained by him in the road accident occurred on 18.03.2015.

Learned Tribunal after framing the issues and evaluating the

evidence on record and after hearing counsel for the parties,

decided the claim petition of the claimant-appellant and awarded

compensation to the tune of Rs. 1,94,965/- under various heads

in favour of the claimant-appellant.

Learned counsel for the claimant-appellant submits that the

age of the injured-appellant was 33 years and multiplier of 16

should have been applied but without applying multiplier, the

Tribunal has passed the impugned award. Learned counsel further

submits that the appellant has sustained 26% permanent

disability and looking to the permanent disability of the injured,

the awarded compensation is quite meager which needs suitable

enhancement.

Per contra, learned counsel for the respondent-Insurance

Company submits that the learned Tribunal while deciding the

claim petition of the claimant-appellant has rightly taken into

consideration the factors while calculating the award in this case

on the anvil of evidence produced before it. Learned counsel

further submitted that the judgment passed by the learned

Tribunal does not warrant any interference by this Court.

Learned counsel for the respondent-Insurance company,

however, is not in a position to controvert the submissions made

by the learned counsel for the appellant with regard to re-

computation of the award in the present case by applying the

multiplier of 16 looking to the age of the injured, which is 33 years

on the date of accident.

(3 of 3) [CMA-3319/2019]

I have considered the submissions made at Bar and gone

through the impugned judgment and award passed by the Tribunal

as well as other relevant record of the case.

Admittedly, the injured was 33 years of age at the time of

accident and the Tribunal was supposed to apply the multiplier of

16 but instead of applying the multiplier, the Tribunal has awarded

lump sum compensation amounting to Rs. 1,94,965/- under

various heads. I find no force in the argument raised by counsel

for the appellant with respect to 26 % permanent disability of the

injured that the amount awarded by the Tribunal is inadequate.

Looking to the facts and circumstances of the case, the

award passed by the Tribunal is just and proper. However, looking

to the fact that multiplier of 16 has not been applied, the award is

recomputed as under:-

                                   Monthly income                    Rs. 5122/-

                                                                     Rs. 5122 x 16 =
                                                                     =81,952/-
                                   Enhanced amount of                Rs.81,952/-
                                   compensation

In view of the above, the appellant-claimant would be

entitled to get a further sum of Rs.81,952/-. Insurance company is

directed to pay additional amount of Rs.81,952/- within a period

of two months from the date of receipt of certified copy of this

order. The enhanced amount shall carry interest @ 6% from the

date of filing the claim petition till the actual payment is made.

The appeal stands disposed of in the above terms.

All pending application(s) stand disposed of.

(ANOOP KUMAR DHAND),J

HEENA GANDHI /9

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