Disability assessment must be based on credible evidence, and claimants may be entitled to additional compensation for loss of future amenities based on the extent of disability.

JUDGMENT

1. Application for early listing of the case stands allowed for the reasons stated therein.

2. With the consent of counsel for the parties, the appeal is heard on merits.

3. Instant appeal has been submitted challenging the judgment and award dated 29.09.2015 passed by the Court of Motor Accident Claims Tribunal, Bundi, Rajasthan (hereinafter referred to as 'the Tribunal') in Motor Claim Case No.258/2013 whereby an amount of Rs.12,19,500/- was awarded as compensation along with interest @ 7.5 % per annum under various heads on account of injuries sustained by the claimant-appellant.

4. Learned counsel for the appellant submits that the claimant- appellant has sustained 90% permanent disability, but without any basis the Tribunal has assessed the same as 60% only and on the basis of the same, a meager amount of compensation has been awarded to the claimant-appellant.

5. Counsel for the appellant further submits that looking to the disability certificate Ex.-13, it is clear that after sustaining the injuries, appellant is facing difficulty is walking without support. Hence, looking to the facts and circumstances of the case, the award needs suitable enhancement.

6. Per contra, learned counsel for the respondent-Insurance Company opposed the arguments raised by counsel for the appellant and submitted that the Tribunal while deciding the claim petition of the appellant has correctly taken into consideration all the factors while calculating the award in this case on the anvil of evidence produced before it.

7. Thus the judgment passed by the Tribunal does not call for any interference by this court. However, learned counsel for the respondent is not in a position to controvert the fact of disability certificate (Ex.-13) from which it clearly indicates that the appellant has sustained 90% permanent disability.

8. I have considered the submissions made at Bar and gone through the material available on record.

9. Admittedly, the appellant filed the claim petition under Section 166 of the Motor Vehicles Act seeking compensation on account of the injuries sustained by him in a road accident occurred on 22.07.2011. His disability certificate Ex.-13 clearly indicates that the appellant has sustained 90% permanent disability and as per the endorsement in the bottom of the certificate, it is clear that the appellant is facing difficulty in walking without support. This certificate has been issued by the Medical Board of District Hospital, Bundi consisting of three doctors and there is no reason to disbelieve the genuineness of said certificate. Thus, the Tribunal has committed an error in assessing disability of the appellant as 60% without any basis when disability certificate Ex.-13 of the appellant clearly indicates that he has sustained 90% permanent disability.

10. The Coordinate Bench of this Court in the case of Lila Ram Vs. Deshraj & Ors. (SB Civil Misc. Appeal No.4615/2015) decided on 09.12.2021 has dealt with the identical situation where the appellant therein suffered 90% permanent disability and looking to the aforesaid disability, it was held that the claimant is entitled to get additional amount of Rs.3 lacs towards loss of future amenities in life.

11. In the instant case also, the appellant has sustained 90% permanent disability and looking to the fact that without any basis, the same has been determined as 60% by the Tribunal. In view of the judgment passed by the Coordinate Bench of this Court in the case of Lila Ram (supra), appellant is entitled to get an additional amount of compensation to the tune of Rs.3,00,000/-.

12. In view of the aforesaid discussion, the appellant-claimant would be entitled to get a further sum of Rs. 3,00,000/- under the head of 'loss of future amenities'. Insurance company is directed to pay additional amount of Rs. 3,00,000/-within a period of two months from the date of receipt of certified copy of this order. The enhanced amount shall carry 6% interest from the date of filing of claim petition