JEEVAN RAM Vs. SHAFI MOHD. AND OTHERS

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act, 1988 has been filed by the injured claimant for enhancement of the award dated 5.8.2000 passed by the Motor Accident Claims Tribunal and Rajasthan State Co-operative Tribunal, Jaipur (for short 'the Tribunal') whereby a total award of Rs. 1,11,200.00 has been passed in his favour for the injuries suffered by him. The injured claimant has suffered 50% permanent disability in the accident. He is a regular employee in the Rajasthan Police as Sub-Inspector and at the time of the accident was getting Rs. 3,300.00 per month as salary. By the impugned)judgment and award the Tribunal has awarded Rs. 50,000.00 for the disability suffered by the claimant appellant. In addition to it for the losts of future promotions, he has been awarded Rs. 50,000.00. For pain and suffering for the injuries and mental agony, Rs. 10.000.00 has been awarded and for the cost of medicines Rs. 200.00 has been awarded. Thus, a total sum of Rs. 1,11,200.00 has been awarded by the Tribunal. Heard learned Counsel for the parties.

(2.) These facts are not is dispute that the injured appellant is a Sub- Inspector in the Rajasthan Police and at the time of the accident he was about 43 years of age and was getting Rs. 3300.00 as monthly salary. As per the disability certificate Ex. P-6, issued by A.W. 2 Dr. N.K. Mathur, the claimant-appellant suffered 50% disability. Having regard to the monthly salary and the age of the claimant at the time of the accident the compensation that should have been awarded to the claimant-appellant would be 3300 x12 x15 x50 divided by 100 which comes to Rs. 2,97,000.00 whereas the Tribunal has awarded only Rs. 50,000.00 towards the disability suffered by the appellant which is not as per the law. Hence, the injured claimant is entitled to receive Rs. 2,97,000.00 as compensation for the disability suffered by him. Since the appellant was a regular employee of the police department and has been in service there- fore, he has not suffered any loss of income but due to the disability suffered by the claimant-appellant in the accident he must have certainly been debarred from future promotions which would be available for him in case the disability could not have occurred. And for this, Rs. 25,000.00 compensation would meet the ends of justice. For the pain and mental agony, the Tribunal has awarded Rs. 10,000.00 which is sufficient. Thus, the claimant appellant would be entitled for the total compensation of Rs. 3,32,200.00 (2,97,000 + 25,000 + 10,000 + 200 = 3,32,200.00) for the in- juries sustained by him in the accident. To this extent the appeal deserves to be allowed.

(3.) Consequently, the appeal of the claimant-appellant for enhancement of the award amount is, partly allowed and instead of total ompensation of Rs. 1.11,200.00 as awarded by the learned Tribunal, the appellant is entitled for a total compensation of Rs. 3,32,200.00. Any amount if already paid to the claimant-appellant will be deducted from the total amount. Rest of the directions of the Tribunal are maintained. The responsibility and liability of the respondents to make payment of this enhanced amount shall be as per the judgment of the Tribunal. However, there will be no order as to costs. Appeal partly allowed.