LEELARAM Vs. DESHRAJ

JUDGEMENT

(1.) Instant appeal has been filed challenging the judgment and award dtd. 25/5/2017 passed by Motor Accident Claims Tribunal, Kotputali, District Jaipur in Motor Accident Claims Case No.297/2014 by which an award of Rs.9,16,875.00 has been passed.

(2.) Counsel for the appellant submits that the appellant has suffered 90% permanent disability and he is not able to discharge his daily routine activities. He submits that as per the disability certificate Ex.P27 of the appellant he has suffered 90% permanent disability and the disability certificate indicates that he requires one attendant for his daily routine activities for rest of his life. He further submits that while determining the compensation the learned Tribunal has accessed his income on the basis of the minimum wages prevailing at the relevant time i.e. Rs.189.00 per day. He further submits that while accessing the income total 26 days in a month has been taken into consideration while passing the award. He further submits that as per the view taken by this Court in the case of Jalaur Singh @ Dilawar Singh Vs. Barkat reported in 2012(2) MACD Rajasthan 692, the Tribunal ought to have considered the income of the injured for 30 days instead of 26 days. He further submits that while passing the impugned award the Tribunal has not granted any amount of compensation towards the loss of amenities of life and not a single penny has been awarded for the attendant who is regularly attending the injured. He further submits that another facts and circumstances of the case, the impugned award needs suitable enhancement.

(3.) Per contra, counsel appearing for the respondent No.3 opposed the appeal. Admittedly, the appellant has filed the claim under Sec. 166 of the Motor Vehicles Act, 1988 seeking compensation on account the injuries sustained by him in Motor Vehicle Accident occurred in the night on 25/3/2014. Their perusal of the disability certificate available on the record marked as Ex.P27 clearly indicates that the appellant has sustained 90% disability and as per the note indicated in the disability certificate, the appellant requires one attendant for his entire life for discharging his routine activities. Disability certificate has been issued by the Medical Board of three doctors of Community Health Centre, Sanganer, Jaipur and there is no reason to disbelieve the genuines of the certificate. The perusal of the said certificate clearly indicates that the appellant is not in a position to perform his daily routine activities and for that purpose he needs help of a attendant for discharging the routine activities.