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2012 Supreme(Raj) 627

(Rajasthan High Court)
Jaipur Bench
Hemant Kumar Meena vs. Kesar Singh & Ors. (Rafiq, J.)
MOHAMMAD RAFIQ, J.
Hemant Kumar Meena
Versus
Kesar Singh & Ors.
S.B. Civil Misc. Appeal No.1322 of 2009, decided on 10.05.2012

Advocates Appeared
Vinay Mathur, for Appellant

Headnote:Motor Vehicles Act, 1988, Secs. 142 & 168; Limitation Act, 1963 — Sec. 5 — Injuries to 45-50 years Government servant in road accident — Medical expert certified 63.33% disability in one hand — Compensation — Award of Rs. 8,43,900/- — Appeal for enhancement — Held — Delay condoned — Disability of 63.33% in one hand cannot be accepted for whole body, therefore, 30% permanent disability rightly accepted by tribunal — Disability in hand did not commit loss of income as he was in government service — Loss of earning capacity computed applying multiplier of 13 as per age of injured — Proper amount also awarded in all non-pecuniary heads — Awarded amount cannot be said on lower side — No merit in appeal. (Para 3)

       Appeal dismissed.

        eksVj ;ku vf/kfu;e] 1988] /kkjk 142 ,oa 168( ifjlhek vf/kfu;e] 1963] /kkjk 5 & lM+d nq?kZVuk esa 45-50 o"khZ; ljdkjh lsod dks pksVsa & fpfdRlk fo'ks"kK us ,d gkFk esa 63-33% fu'kDrrk izekf.kr fd;k & izfrdj & 8]43]000@- #i;s dk vf/kfu.kZ; & vfHko`f) gsrq vihy & vfHkfu/kkZfjr & foyac ekQ fd;k x;k & ,d gkFk esa 63-33% dh fu'kDrrk lEiw.kZ 'kjhj gsrq Lohdkj ugha dh tk ldrh vr% 30% fu'kDdrk vf/kdj.k }kjk lgh Lohdkj fd;k x;k & ,d gkFk esa fu'kDrrk vk; dh gkfu dkfjr ugha fd;k D;ksafd og ljdkjh lsok esa Fkk & vtZu {kerk dh gkfu vkgr dh vk;q ds vuqlkj 13 dk xq.kd iz;qDr djrs gq, x.kuk dh xbZ & lHkh vukfFkZd 'kh"kZdksa esa Hkh mfpr jkf'k vf/kfuf.kZr fd;k x;k & vf/kfuf.kZr jkf'k fuEu i{k dk ugha dgk tk ldrk & vihy esa xq.k ughaA ¼in la[;k 3½

       vihy vLohdkj dhA


       

RAFIQ, J.—For the reasons mentioned in the application filed under Section 5 of the Limitation Act, 1963 for condonation of delay, the same is allowed and the delay in filing appeal is condoned.

2. Appellant was awarded Rs.8,43,900/- for the permanent disability sustained by him to the extent of 30%. He approached for enhancement.

3. Contention of the learned counsel for the appellant is that the actual salary that appellant was getting was Rs.12,128/- from the BSNL. Out of that salary, Rs.1900/- was deducted. All deductions could not be disallowed. Learned counsel submitted that the appellant sustained disability of 63.33%. Certificate was issued by the expert medical practitioner, who examined his medical records. Tribunal erred in law while believing only 30% permanent disability. Learned counsel submitted that a very meager amount of compensation has been awarded under the head of pain and suffering and loss of future income, which should therefore be enhanced. He remained hospitalised on number of occasions in hospitals at Jodhpur, Ahmedabad and AIIMS New Delhi and was subjected to surgery. Tribunal has found that disablement that was sustained by the appellant in his right hand but it did not result in loss of income because he was in government service. Tribunal in holding so, relied on the judgments of various High Courts in K.P. Mohammad vs. Devasiya & Ors. : (2003) III ACC 475 (Kerala), United India Insurance vs. Thomas : (2000) I ACC 634 (Division Bench) (Kerala), A.Mohan vs. K.Gunashankaran & Ors. : (2003) II ACC 300 (Division Bench) (Madras) and Kamal Kumar vs. Tajuddin and ors. 2004 ACJ 1191 MP (Full Bench). Tribunal observed that the disablement of 63.33% in one hand cannot be accepted for whole of body and thus rightly accepted 30% permanent disability and on that basis, the Tribunal has computed the loss of earning capacity by applying the multiplier of 13 for the age of appellant between 45-50 years. Rs.4,78,670/- has thus been awarded computing 1,22,737 x 13 x 30/100. Further Rs.7,000/- has been awarded for seven injuries @ Rs.1000/- for each injury as well as for pain and suffering. Rs.5,000/- has been awarded for grievous injury. Rs.52,000/- has been awarded for medical treatment. Rs.25,000/- has been awarded for nutritious diet, attendant and transportation charges. Rs.2,76,156/- has been assessed for loss of income. In all, Rs.8,43,900/- has been awarded as compensation, which cannot be on the lower side.

I do not find any merit in this appeal, which is accordingly dismissed.



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