Rajasthan High Court
Vikram Singh Shekhawat vs M/S Desert Haritate Resourts Pvt ... on 11 March, 2022
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 916/2014
Vikram Singh Shekhawat S/o Madan Singh, aged 43 years, R/o
Village Thai, Pana (Divrala) Tehsil Shrimadhopur, District Sikar
----Appellant/Claimant
Versus
1. M/s Desert Haritage Resourts Pvt. Ltd. Through Director
Shri Manroop Singh S/o Shri Bhana Ram, R/o A-41, Kirti
Nagar, Tonk Road, Jaipur (Owner)
2. Ashok Kulhari S/o Shri Kishore Singh, R/o 138, Kanak
Vihar, Ajmer Road, Thana Bagru, District Jaipur (Driver)
3. National Insurance Company Limited Through Regional
Manager, Ambedkar Circle, Jaipur (Insurance Company)
----Respondents/Non-claimants
For Appellant(s) : Mr. Ram Sharan Sharma
For Respondent(s) : Mrs. Chitra Goyal
Mr. P.S. Arya
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Judgment
11/03/2022
The present civil misc. appeal has been filed by the
appellant-claimant (for short ' the claimant') under Section 173 of
the Motor Vehicles Act, 1988 (for short 'the Act of 1988') against
the judgment and award dated 23.10.2013 passed by the Court of
Motor Accident Claims Tribunal and Additional District Judge No.
14, Jaipur Metropolitan (for short 'the learned Tribunal') in claim
case No. 544/2012 (1203/09), whereby an amount of Rs.
2,98,050/- along with interest @ 6% per annum has been
awarded as compensation to the claimant on account of injuries
sustained by him in an accident occurred on 14.12.2008.
(2 of 5) [CMA-916/2014]
Learned Tribunal after framing the issues, evaluating the
evidence available on the record and after hearing the counsel for
the parties, decided the claim petition of the claimant and hold
that there was 50% contributory negligence of the claimant,
hence, after determining the compensation of Rs. 5,96,100/-,
50 per cent amount of compensation was deducted and the
respondent- Insurance Company was directed to pay a
compensation of Rs. 2,98,050/- along with interest at the rate of
6% per annum to the claimant.
Learned counsel for the claimant submitted that while
deciding the issue No.1, learned Tribunal has erred in holding that
there was 50% contributory negligence on the part of the claimant
as he was driving the vehicle on the right side of the road. Counsel
further submitted that as per the guidelines issued by the
Rajasthan State Legal Services Authority [for short 'the RSLSA'],
the injured persons are entitled to get compensation of Rs. 600/-
per day for hospitalization, but here in the instant case learned
Tribunal has awarded Rs. 300/- per day in the head of
hospitalization. Counsel further submitted that no amount towards
future prospects has been awarded in the light of the judgment
delivered by the Hon'ble Supreme Court in the case of National
Insurance Company Ltd. Vs. Pranay Sethi & Ors. : (2017)
16 SCC 680. Lastly, he argued that no amount has been awarded
for pain and suffering and artificial leg, as the leg of the claimant
has been amputated and he prayed that re-computation of the
award in the present case may be done.
Per contra, learned counsel for the respondent- Insurance
Company and counsel for the owner and driver of the vehicle
opposed the arguments raised by counsel for the claimant and
(3 of 5) [CMA-916/2014]
submitted that the learned Tribunal while deciding the claim
petition of the claimant has correctly taken into consideration the
factors while calculating the award in this case on the anvil of
evidence produced before it. Thus, the judgment dated
23.10.2013 passed by the learned Tribunal does not call for any
interference of this Court.
Learned counsel, however, are not in a position to controvert
the submissions made by the counsel for the claimant with respect
to re-computation of the award in the present case in the light of
guidelines issued by RSLSA and in the light of the judgment of the
Hon'ble Supreme Court in the case of Pranay Sethi (supra).
I have heard the submissions made at the Bar and gone
through the judgment dated 23.10.2013 passed by the learned
Tribunal as well as the relevant record of the case.
Admittedly, at the time of accident the deceased was found
to be in a position of consuming liquor when his injury report
(Ex.P3) was prepared by the Medical Officer of the S.M.S. Medical
Hospital, Jaipur.
On bare perusal of the site plan (Ex.P6), it is clear that the
injured after consuming liquor was driving the motorcycle in the
wrong side and met with an accident from the vehicle bearing No.
RJ-14-CA-9048, hence while deciding the issue No.1, learned
Tribunal has not committed any irregularity by holding that there
was 50% contributory negligence of the injured.
So far as the other contentions raised by the counsel for the
claimant are concerned, the impugned award needs suitable
enhancement. Further, the amount to the extent of 40% is
required to be added towards future prospects in the light of the
judgment delivered by the Hon'ble Supreme Court in the case of
(4 of 5) [CMA-916/2014]
Pranay Sethi (supra) and in the light of the guidelines issued by
RSLSA, the claimant is entitled to get a sum of Rs. 600/- per day
for hospitalization and apart from above the claimant is also
entitled to get a sum of Rs. 2,00,000/- towards pain and suffering
for the amputation of leg suffered by him and an additional
amount of Rs. 50,000/- for artificial leg.
Thus, the award is re-computed as under:-
Monthly income Rs. 4,500/- X 60/100 = Rs. 2,700
Annual income Rs.2,700 x12 = Rs.32,400/- per annum
32,400 X 15 = Rs.4,86,000/-
Deduction 50% Rs. 4,86,000/- - Rs.2,43,000/-
= Rs. 2,43,000/-
Add 40 per cent towards Rs.2,43,000 + Rs. 97,200
future prospects = Rs. 3,40,200/-
Add towards pain and Rs. 2,00,000/-
suffering/loss of future
amenities
Add for artificial leg Rs. 50,000/-
Hospitalization Charges Rs. 600 X 27 days = Rs. 16,200/-
Total compensation Rs.3,40,200+2,00,000+ Rs. 50,000+Rs.
awardable 16,200 =Rs.6,06,400/-
Less amount awarded by the Rs. 6,06,400/- - Rs.2,98,050/- =
Tribunal Rs.3,08,350/-
Enhanced amount of Rs. 3,08,350/-
compensation
Thus, an amount of Rs. 3,08,350/- is enhanced in the
present case. The respondent- Insurance Company is directed to
pay the enhanced amount of compensation of Rs. 3,08,350/- in
addition to the amount already awarded by the learned Tribunal
vide its judgment dated 23.10.2013 within a period of six weeks
from today. The enhanced amount shall carry interest @ 6% per
annum from the date of filing of the claim petition till the actual
payment is made.
(5 of 5) [CMA-916/2014]
The learned Tribunal shall disburse a sum of Rs.1,00,000/- in
the Saving Bank Account of the claimant 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 claimant on monthly basis.
The appeal is partly allowed in the above terms.
Record of the case be sent back to the learned Tribunal
forthwith.
Pending application(s), if any, stand(s) disposed of.
(ANOOP KUMAR DHAND),J
Ritu/8
Powered by TCPDF (www.tcpdf.org)
