Rajasthan High Court
Ram Kunwar Gurjar vs Shankar Lal And Others on 14 March, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:12712]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3305/2014
Ram Kunwar Gurjar S/o Gopi Lal Gurjar, R/o Village Sardarpura,
P.s. Dhunni, District Tonk Raj.
----Appellant
Versus
1. Shankar Lal S/o Sanwar Lal, R/o Pandheer, Jahajpur,
District Bhilwara Raj.
2. Babu Lal S/o Ram Suram Saini, R/o Dhandi Jhajhu Wala,
Ward No. 16, Shahpura, Tehsil-Shahpura, District Jaipur
Raj.
3. New India Insurance Company Ltd., Branch Office At
Opposite Prem Mandir Cinema, Tonk Road,
Sawaimadhopur
----Respondents
For Appellant(s) : Mr. Deepak Khandelwal
For Respondent(s) : Mr. N.K. Jain
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT :: 14/03/2024
The present appeal under Section 173 of the Motor Vehicle
Act, 1988 has been preferred by the appellant-claimant (for short
'the claimant') dissatisfied with the judgment and award dated
15.07.2014 passed by the Motor Accident Claims Tribunal, Tonk
(for short 'the Tribunal') in claim case No.418/2012, whereby the
Tribunal has awarded a sum of Rs.3,67,022/- along with interest
@ 7% per annum from the date of filing the claim petition in
favour of the claimant.
The Tribunal on the basis of the pleading of the parties,
framed the issues and evaluated the evidence on record. After
[2024:RJ-JP:12712] (2 of 4) [CMA-3305/2014]
hearing counsel for the parties, decided the claim petition of the
claimant and awarded the amount as indicated above.
Learned counsel for the claimant submits that the Tribunal
has erred in assessing the income of the claimant as Rs. 3,500/-
per month. Learned counsel for the claimant further submits that
minimum wages prevailed at the time of accident were Rs.147/-
per day. So, income of the claimant may be calculated as Rs.147/-
per day. Learned counsel for the claimant further submits that the
Tribunal has not awarded any amount towards future prospects
whereas as per the age of the claimant, he is entitled to get 40%
of his income towards future prospects. Learned counsel for the
claimant further submits that the claimant remained hospitalized
for 24 days but the Tribunal has awarded only Rs. 8,200/-
whereas it should be Rs. 500/- per day. So, judgment and award
of the Tribunal may be modified accordingly.
Learned counsel for the respondent No.3-New India
Insurance Company Ltd.(for short 'the Insurance Company') has
opposed the arguments advanced by learned counsel for the
claimant and submitted that the Tribunal has rightly granted Rs.
3,67,022/- as compensation to the claimant. So, the present
appeal filed by the claimant be dismissed.
I have considered the arguments advanced by learned
counsel for the claimant as well as learned counsel for the
Insurance Company.
The Tribunal has erred in assessing the income of the
claimant as Rs. 3,500/- per month. At the time of accident,
prevailing minimum wages were Rs.147/- per day. So, income of
the claimant be calculated on the basis of minimum wages of Rs.
[2024:RJ-JP:12712] (3 of 4) [CMA-3305/2014]
147/- per day. The Tribunal has not awarded any amount towards
future prospects. At the time of accident, age of the claimant was
35 years, so, he is entitled to get 40% of his income towards
future prospects. The Tribunal has granted very meager amount
of Rs. 8,200/- towards hospitalization. The claimant remained
hospitalized for 24 days, so, in my considered opinion, claimant is
entitled to get Rs. 12,000/- towards hospitalization expenses. So,
the judgment of the Tribunal is modified to the extent as under:-
Monthly income 147X30= Rs.4,410/-
Annual Income 4410X12= Rs.52,920/-
According to the age of the 52920X16= Rs.8,46,720/-
claimant i.e. 35 years, Multiplier
16 to be applied
For 31% for permanent 8,46,720 X31%= Rs.2,62,483/-
disability
Add 40% towards future 2,62,483+1,04,993
prospects =Rs.3,67,476/-
For two grievous injuries (5,000
X 2) and one simple injury Rs.11,000/-
(1,000 X 1), as awarded by the
Tribunal
For Hospitalization for 24 days
@ Rs. 500/- per day Rs.12,000/-
For Medical Expenses, as
awarded by the Tribunal Rs.1,39,502/-
Total
Rs.5,29,978-
Less amount awarded by the
Tribunal Rs.3,67,022/-
Enhanced Amount of
compensation 5,29,978-3,67,022=
Rs.1,62,956/-
In view of the above, the claimant is entitled to get a further
sum of Rs.1,62,956/- as compensation. The Insurance Company is
[2024:RJ-JP:12712] (4 of 4) [CMA-3305/2014]
directed to deposit enhanced amount of Rs.1,62,956/- (5,29,978-
3,67,022) 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 claimant shall be entitled to withdrawn the
same. The enhanced amount shall carry interest @ 7% interest
per annum from the date of filing the claim petition till the actual
payment is made.
Rest part of the impugned judgment shall remain
unchanged. Impugned judgment and award is modified
accordingly.
Consequently, the appeal is partly allowed.
Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Ritu/70
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