Rajasthan High Court - Jodhpur
Babulal vs Hassan Mohd. And Ors on 6 September, 2019
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 271/2004
Shri Babulal S/O Shri Mohanlal Ji B/C Soni (Maheshwari) Age 44
YRS, R/o Panchori, Tehsil Khinvshar, District Nagour (Rajaasthan)
----Appellant
Versus
1. Hassan Mohd. S/o Sehaju B/C Musalman R/o Dulawar, District
Gurgau, Heryana
(Driver).
2. Reetash Kumar S/o Kewal Krishan R/o Ram Pura Dist. Rewari,
Heryana. Temp. Address 45, T P T Centre, Azad Pur, Delhi
1100033
(Truck Owner)
3. Oriental Insurance Company Limited Oriental House, A-25/
27, Aasaf Ali Road, New Delhi.
----Respondents
For Appellant(s) : Mr. D.D. Chitlangi.
For Respondent(s) : Mr. S.R. Paliwal.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment 06/09/2019 Heard. Perused the material available on record. The instant appeal has been preferred by the appellant Babulal seeking enhancement in the quantum of compensation awarded to him by the learned Motor Accident Claims Tribunal, Nagaur in MAC No.144/1999 vide judgment-cum-award dated 18.11.2003 whereby, the appellant was awarded compensation/damages to the tune of Rs.47,000/- with interest at the rate of 6% per annum for the injuries received by him in road accident which took place on 23.07.1997.
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(2 of 4) [CMA-271/2004] While awarding the compensation, the Tribunal held the non- claimants jointly and severely liable to satisfy the award. The appellant herein filed the claim application before the Tribunal alleging that he and a few other people were proceeding towards Village Kherapa from village Panchori in a jonga bearing registration No.RJV-5908. A truck bearing registration No. HR-47- 3821 came from the opposite direction from Jodhpur which was being driven by its driver Hasan Mohd. in a rash and negligent manner. When the jonga was about 6 Kms. away from Khinvsar, the offending truck came on the wrong side of the road, collided with the jonga causing multiple injuries to the claimant. The claimant claimed a total compensation of Rs.3,47,000/- by way of filing the claim petition. In support of the claim, the claimant filed his medical documents as well as the medical certificate (Ex.50) issued by the Associate Professor, Mahatma Gandhi Hospital, Jodhpur as per which, the right lower limb of the claimant was shortened by 1 inch. The percentage of permanent disability which the claimant suffered owing to the accident was assessed at 38.5%.
Shri D.D. Chitlangi, Advocate representing the appellant urged that the claimant has duly established that he used to earn a sum of Rs.3,000/- per month by running a grocery shop. He could not open the shop for three years because of the injury and disability suffered by him in the accident. The Tribunal did not award any amount whatsoever to the claimant for the permanent disability suffered by him. He further submitted that the rate of interest applied by the Tribunal at 6% is absolutely unjustified on the lower side and the same is also liable to be enhanced suitably. (Downloaded on 11/09/2019 at 08:37:47 PM)
(3 of 4) [CMA-271/2004] Shri S.R. Paliwal and Shri Anil Bachhawat, learned counsel representing the Insurance Company vehemently and fervently opposed the submissions advanced by the appellant's counsel.
I have heard and considered the submissions advanced at bar and have minutely gone through the impugned award and the original record.
The claimant categorically asserted in his claim application and in his affidavit that he suffered permanent disability in his right leg which was shortened by 1 inch and that even on the date of deposition (16.08.2002), he was suffering grave difficulties in performing his day-to-day activities because of this shortening of the leg suffered by him caused due to the accident. The claimant also alleged that he could not operate his shop for three years because of the injury. He had to undergo numerous surgical procedures despite which, his right leg remained shorten by 1 inch. This significant aspect portrayed in the evidence of claimant Babulal was neither disputed nor controverted by the respondents non-claimants including the Insurance Company.
On going through the impugned award, it becomes clear that the Tribunal did not consider the aspect of loss of income suffered by the claimant properly nor was any amount awarded to the claimant for the pain, suffering and the disability suffered by him owing to the accident.
In this background, I am of the firm opinion that the claimant is entitled to enhancement of Rs.90,000/- towards loss of income for not being able to operate his shop for a period of three years and a sum of Rs.1,00,000/- towards permanent disability which was assessed at 38.5% by the Associate Professor of the Mahatma Gandhi Hospital vide certificate which indicates that the (Downloaded on 11/09/2019 at 08:37:47 PM) (4 of 4) [CMA-271/2004] right leg of the claimant was shortened by 1 inch. The interest awarded by the Tribunal at the rate of 6% per annum is also considered to be insufficient and is rather on the lower side. It is true that the rates of interest of fixed deposit are hovering around 6% as on date, but it is equally true that these rates have reduced gradually over the years. When the incident took place, fixed deposits carried interest exceeding 10% per annum. Thus, this Court is of the opinion that the ends of justice would be served by awarding interest at the rate of 7.5% to the appellant on the total compensation amount.
Accordingly, the appeal deserves to be allowed. The appellant shall be entitled to total compensation to the tune of Rs.1,90,000/- from which the amount awarded by the Motor Accident Claims Tribunal, Nagaur, Rs.47,000/- shall be deducted. The enhanced damages, which are calculated at Rs.1,43,000/-, shall carry interest @ 7.5% from the date of filing of the claim application till the date of realisation. The Insurance Company, whose liability is not in dispute shall deposit the enhanced amount of damages with the Tribunal within a period of three months from today. The amount so deposited shall be credited into the saving bank account of the claimant.
The appeal is allowed in these terms.
Record be returned to the learned Tribunal forthwith.
(SANDEEP MEHTA),J 50-Tikam/-
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