Rajasthan High Court

Deependra Singh Rathore vs Shiv Lal And Ors ... on 11 October, 2023

Bench: Ashutosh Kumar

[2023:RJ-JP:28744]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 4078/2017

         Deependra Singh Rathore S/o Shri Jitendra Singh, R/o
         Village And Post Mayla, Tehsil Masuda, District Ajmer Raj.
         Presently R/o At Taron Ka Kheda Vijay Nagar, Tehsil Bijay
         Nagar, District Ajmer Raj.
                                                                   ----Appellants
                                    Versus
1.       Shiv Lal S/o Shri Madan Lal Sharma, B/c Brahman, R/o
         Village Santhana, Bijay Nagar, Tehsil Bijay Nagar, P.s.
         Bijay Nagar, District Ajmer Raj. Driver Of Maruti Van No.
         Rj-06-Ua-7528, Engine No. F8Bin4565252, Chassis No.
         Ma3Ev811So1416881.
2.       Sanwar Lal Sharma S/o Shri Ram Swaroop Sharma, B/c
         Brahman, R/o Jalkheda, Tehsil Hurda, District Bhilwara
         Raj. Present R/o Santhana, Bijay Nagar, Tehsil Bijay
         Nagar, P.s. Bijay Nagar, District Ajmer Raj. Registered
         Owner Of Maruti Van No. Rj-06-Ua-7528, Engine No.
         F8Bin4565252, Chassis No. Ma3Ev811So1416881.
3.       National Insurance Company Ltd., Branch Office At Jalwal
         Sadan, College Road, Beawar District Ajmer Raj. Having
         Its Regional Office At Lic Building, Ambedkar Circle,
         Bhawani Singh Road, Jaipur. Insurer Of Maruti Van No. Rj-
         06-Ua-7528, Engine No. F8Bin4565252, Chassis No.
         Ma3Ev811So1416881.
                                                                 ----Respondents

For Appellant(s) : Mr. Jai Prakash Gupta For Respondent(s) : Mr. Raaj Pal Choudhary

HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 11/10/2023

1. The present civil misc. appeal has been filed by the

appellant-claimant under Section 173 of the Motor Vehicles Act,

1988 (for short 'the Act of 1988') against the judgment and award

dated 17.04.2017 passed by the Motor Accident Claims Tribunal,

[2023:RJ-JP:28744] (2 of 5) [CMA-4078/2017]

Beawar (for short 'the Tribunal') in MAC Case No.124/2016

whereby an amount of Rs.1,25,200/- has been awarded as

compensation to the appellant-claimant-Deependra Singh

Rathorefor the injuries sustained by him.

2. The claimant submitted a claim petition claiming

compensation of Rs.11,30,000/-. 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-appellant awarding compensation to the

tune of Rs.1,25,200/- under various heads in favour of the

claimant appellant.

3. Learned counsel for the appellant submits that the injured

was 18 years of age at the time of accident. In the aforesaid

accident the appellant has sustained 09% permanent disability,

which is clear from the disability certificate (Ex.10), but the

learned Tribunal has awarded a meagre compensation of

Rs.1,25,200/- only.

4. Learned counsel for the appellant submits that the Hon'ble

Apex Court in the case of Master Mallikarjun Vs. Divisional

Manager, The National Insurance Company Ltd., reported in

(2014) 14 SCC 396 has held that in case of children suffering

permanent disability upto 10%, would be entitled to get a lump

sum compensation to the extent of Rs.1 lac for such permanent

disability.

5. Learned counsel for the appellant, therefore, prays that

re-computation of the award in the present case may be done in

the light of judgment of the Hon'ble Apex Court in the case of

Master Mallikarjun (supra).

[2023:RJ-JP:28744] (3 of 5) [CMA-4078/2017]

6. Per contra, learned counsel for the respondent Insurance

Company submits that the Tribunal while deciding the claim

petition of the claimant-appellant has correctly taken into

consideration the factors while calculating the award in this case

on the basis of evidence produced before it. Thus, the judgment

and award dated 17.04.2017 does not call for any interference by

this Court.

7. I have considered the submissions made by the learned

counsel for the parties and gone through the judgment and award

dated 17.04.2017 as well as the material available on the record.

8. The Hon'ble Apex Court in the case of Mater Mallikarjun

(supra) has settled that in the case of children suffering from

disability they would be entitled to get a lump sub compensation

for such permanent disability. The relevant para of the aforesaid

judgment reads thus :

"12. Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be, if the disability is above 10% and upto 30% to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it should be Rs.6 lakhs. For permanent disability upto 10%, it should be Re.1 lakh, unless there are exceptional circumstances to take different yardstick."

[2023:RJ-JP:28744] (4 of 5) [CMA-4078/2017]

9. Learned Tribunal has awarded Rs.1,25,200/- under various

heads including the loss of future income, nutrition diet and

attendant, mental agony, expenses of medicines and

transportation during the period of treatment, but no amount has

been awarded under the head of discomfort, inconvenience and

loss of earnings to the parents during the period of hospitalization.

10. Admittedly, the injured was 18 years of age at the time of

accident. The Tribunal has granted Rs.1,25,200/- for the

permanent disability suffered by the appellant, which seems to be

inadequate and needs suitable enhancement. In light of the

judgment delivered by the Hon'ble Apex Court in the case of

Master Mallikarjun (supra), as the claimant has suffered 09%

permanent disability as per certificate (Ex.10) hence, he is entitled

to get Rs.1,00,000/-. Looking to the injuries sustained by the

appellant and as per the judgment of Hon'ble Apex Court in the

case of Master Mallikarjun (supra), the appellant is also granted

Rs.12,500/- under the head of discomfort, inconvenience and loss

of earnings to the parents during the period of hospitalization for

eight days. The appellant spent Rs.81,200/- as actual medical

expenses during the period of hospitalization, which is also

required to be granted to him.

11. So, judgment and award of the Tribunal is modified to the

extent as under:

1. Pain and suffering already Rs.1,00,000/-

undergone and to be suffered in future, mental and physical shock, hardship, inconvenience, and discomforts, etc., and loss of amenities in life on account of permanent disability.

[2023:RJ-JP:28744] (5 of 5) [CMA-4078/2017]

2. Discomfort, inconvenience and Rs.12,500/-

loss of earnings to the parents during the period of hospitalization (8 days).

                                   3.      Medical expenses                               Rs.81,200/-
                                   4.      Total amount of compensation                   Rs.1,93,700/-

                                   5.      Less amount       awarded         by    the Rs.1,25,200/-
                                           Tribunal
                                   6.      Enhanced           amount                 of (Rs.1,93,700-
                                           compensation                                 Rs.1,25,200)=
                                                                                        Rs.68,500/-

12. In view of the above, the impugned judgment and award

dated 17.04.2017 passed by the Tribunal is modified to the

aforesaid extent. The claimant-appellant is entitled to get a sum of

Rs.1,93,700/- as compensation. Insurance Company is directed to

deposit enhanced amount of compensation with the Tribunal

within a period of two months from the date of receipt of certified

copy of this order. On deposition of the said amount, the same

may be disbursed to the claimant. The enhanced amount shall

carry 8% interest from the date of filing of claim petition till the

actual payment is made.