Kadir Khan v. Ashok Kumar Jangid

Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Gaurav Gupta, Counsel for appellant #### By the Court:- Heard learned counsel for the appellant. The injured-appellant has preferred this appeal for enhancement of the amount of compensation in respect of injuries sustained by him in a motor-accident took place on 19th February, 2007, being aggrieved with the impugned Award dated 4th August, 2008 passed by the Motor Accident Claims Tribunal & Additional District & Sessions Judge, Fast Track No.3, Jaipur District, Jaipur, in Claim Case No.23/2008, whereby the learned Tribunal awarded total compensation of Rs.74,607/- with interest at the rate of 9% per annum from the date of filing of the claim application up-to the date of payment. The learned counsel for the appellant // 2 // contended that looking to the percentage of permanent disability, the amount of compensation awarded in the present case is inadequate and the same may be enhanced reasonably.

I have considered the submissions of the learned counsel for the appellant and examined the impugned Award, particularly the finding of the learned Tribunal in respect of Issue No.3 relating to quantum of compensation. The appellant has pleaded his monthly income as Rs.4,000/- but there was no documentary evidence in this regard produced on the record, therefore, the Tribunal assessed his annual income as Rs.25,000/- under the provisions of the Minimum Wages Act. As per the documentary evidence, the age of the appellant was determined in between 20 and 25 years and accordingly the Tribunal applied the multiplier of 17 as per the Second Schedule of Section 163-A of the Motor Vehicles Act, 1988. The appellant sustained 10.19% permanent disability and consequently the Tribunal awarded a sum of Rs.43,307/- towards loss of income. The appellant remained admitted in hospital for about 26 days and for this period a sum of Rs.13,000/- have been awarded at the rate of Rs.500/- per day for transportation and other // 3 // expenses, and Rs.1,000/- have been awarded towards physical pain, mental agony and nutritious food, and Rs.17,300/- have been awarded towards medical bills.

Thus total compensation of Rs.74,607/- has been awarded in the present case. The Tribunal is required to pass an Award under Section 168 of the Act of 1988 which appears to be just and reasonable. After considering all the facts and circumstances of the case, particularly the percentage of permanent disability i.e. 10.19%, I find that the amount of compensation awarded in the present case is just and reasonable and no interference in it is called for. Consequently, I do not find any merit in this appeal and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//