S.B. CIVIL MISC. APPEAL NO.2370/2005 VISHNU DAYAL SHARMA v. MAHESH CHANDER DATE OF ORDER :- MAY 9 & Ors.

- MAY 9, 2008 HON'BLE MR. JUSTICE GUMAN SINGH Shri Jitender Mitruka, for the appellant. Shri S. Bansal, for respondents No.1 & 2. Shri Praveen Balwada, for respondent No.3.

The case has come up for admission. Both the parties agree to dispose of the case at admission stage.

Heard learned counsel for the parties and perused the entire record of the miscellaneous appeal.

This civil misc. appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by injured Vishnu Dayal Sharma for enhancement of claim against the award dated June 3, 2005, of the learned Additional District & Sessions Judge (Fast Track No.6), Jaipur City, Jaipur (for short 'the trial court') in Claim Petition No. 137/2004, whereby a sum of Rs.25,235/- has been awarded as compensation to the claimant-appellant.

Learned counsel for the claimant appellant submitted that learned trial court has erred in not awarding sufficient 2 compensation for loss of income as it has awarded Rs.4000/- under this head. Learned counsel submitted that injured appellant sustained fractures of left first and second ribs in the accident and on account of injuries he sustained 3% disability and he has to undergo suffering and pain on account of fractures for whole of life. The injured has to face difficulties in breathing during his work as a teacher.

Per contra, learned counsel for the Insurance Company, supported the award of the learned Tribunal on the ground that the finding of the learned Tribunal is correct and based on evidence and the record and as such this is not a case for interference by this Court.

In view of the submissions advanced and on going through the award as well as the record of the case, it is revealed that per month income of the injured appellant is Rs.3000/- and on computing the income with the percentage of disability the income comes about Rs.20,000/- and after deducting Rs.4000/- already awarded on this head, the amount of compensation deserves to be enhanced to Rs.16,000/- and as such the total amount 3 of compensation is enhanced from Rs.25,235/- to Rs.41,235/-.

Accordingly, the impugned award is modified and the amount of compensation is enhanced from Rs.25,235/- to Rs.41,235/-, with interest at the rate of 6% from the date of appeal i.e. 16.8.2005 and the same shall be payable within three months from the date of this order, failing which, the amount shall entail interest at the rate of 9% p.a.

of. The appeal stands disposed (Guman Singh)J. Chauhan/-