Roshan vs Doman Lal Yadav

Sanjay K. Agrawal, J

This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/ claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 21.10.2021 passed by learned First Additional Motor Accident Claims Tribunal, Raipur, in Claim Case No.644/2019 whereby the claim application of the claimant has been allowed and only Rs. 9,79,500/- has been awarded for permanent disability to the extent of 65% sustained by the appellant.

Mr. Arvind Prasad, learned counsel for the appellant/ claimant would submit that the income of the appellant has wrongly been assessed as 6,000/- per month, which should be Rs.8,140/- per month as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh and the loss of income has been taken as 45%, which ought to have been taken as 55%, therefore, the amount of compensation be enhanced suitably.

Mr. Sangeet Kumar Kushwaha, learned counsel for the insurance company/respondent No.3 would submit that the amount of compensation awarded by learned Claims Tribunal is just & proper, which does not call for any interference.

I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely.

Learned Claims Tribunal has awarded total compensation of Rs. 9,79,500/- under the different heads taking the disability of the appellant to the extent of 45% for loss of income. However, after going through the records, in the opinion of this Court, disability would be to the extent of 55% for loss of income. Thus, this Court is computing the compensation as below:-

Heads

Compensation

Compensation

awarded by the

awarded by this

Tribunal

Court

Loss of income

Rs. 6,000 x 12 = Rs.

Rs. 8,140 x 12 = Rs.

72,000/- per annum.

97,680/- per annum.

Future prospects

(+) 25% i.e. 18,000  =

(+) 25% i.e. 24,420 =

Rs. 90,000/-

Rs. 1,22,100/-

Loss of income

(-) 45% = Rs. 40,500/-

(-) 55% = Rs. 67,155/-

Multiplier of 15 +

Rs. 40,500 x 15 =

Rs. 67,155 x 15 =

loss of 12 months

Rs. 6,07,500 + 72,000

Rs. 10,07,325 +

= Rs.6,79,500/-

97,680 =

Rs. 11,05,005

Pain & suffering

Rs. 60,000/-

Rs. 60,000/-

Medical

Rs. 1,40,000/-

Rs. 1,40,000/-

expenses

Special diet &

Rs. 1,00,000/-

Rs. 1,00,000/-

transporting

For attendant

Nil

Rs. 50,000/-

Total

Rs. 9,79,500/-

Rs. 14,55,005/-

In view of the aforesaid analysis, the amount of compensation of Rs. 9,79,500/- awarded by the Claims Tribunal is enhanced to Rs. 14,55,005/-. Hence, after deducting the amount of Rs. 9,79,500/-, the claimant is entitled for an additional amount of Rs. 4,75,505/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact.

In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above.