Order

09/07/2024

1. The present appeal has been filed by the appellant/Lrs of the claimant to the claim petition no. 173/2010, under Section 173 of the Motor Vehicles Act, 1988 (‘MV Act’) seeking modification and enhancement of the award passed by the Motor Accident Claim Tribunal, Sumerpur, (‘Tribunal’) in the MACT Case no. 173/2010 (14/2004) wherein the learned Tribunal had awarded Rs. 35,000/-

as compensation vide order dated 13.12.2010.

2. Briefly stated, the facts of the case are that on 18.09.2003, the claimant received an injury due to an accident in which the motorcycle on which the claimant was sitting, collided with a car No. RJ-19-T-2506 and the claimant suffered fractures in his Tibia and Fibula bone. The claimant died during the course of pendency of the claim and thus, the legal heirs have been impleaded as party claimants and contested the case.

3. On the basis of the injuries sustained, the learned Tribunal awarded a compensation of Rs. 35,000/- under the following heads:

4. Thus, aggrieved of the award passed by the learned Tribunal dated 13.12.2010, the appellants have preferred this appeal for modification and enhancement of the award.

5. Learned counsel for the appellants submits that the Tribunal erred in deciding the loss of income caused to the claimant after the said accident and awarded a meagre amount of Rs. 14,000/-. He also submits that the learned Tribunal also granted a very low compensation under the Medical Expenses incurred by the claimant as Rs. 15,000/- and only Rs. 6,000/- for the pain and mental agony caused to the claimant due to the accident, without taking into account the fact that the claimant had to remain in the hospital and further at bed rest for seven months. He further submits that the rate of interest applied by the learned Tribunal was only 6% as opposed to 9% granted by the Hon’ble Apex Court in various judgments.

6. Per contra, learned counsel for the respondents submits that the learned Tribunal had rightly passed the award of Rs. 35,000/- taking into account all the necessary factors and prays for the dismissal of the appeal.

7. Taking into consideration the facts of the case where the claimant, who was aged 54 years at the time of accident, has suffered a grievous injury involving fracture in his Tibia and Fibula bone in the said accident, this Court deems it fit to enhance the award passed by the learned Tribunal, Sumerpur dated 13.12.2010 in accordance with the “Revised Guidelines for Settlement in MACT Cases” issued by the Rajasthan State Legal Services Authorities dated 15.04.2021 wherein for grievous injury cases, where disability certificate has not been produced but if there is a case of grievous injury involving fracture of both Tibia and Fibula with hospitalization, the compensation prescribed is Rs. 50,000/- along with Medical Bills (supported by prescription or verification by doctor in court) and hospitalization Rs. 600/- per day.

8. Therefore, the award passed by learned Tribunal, Sumerpur dated 13.12.2010 is modified and it is held that the appellants/claimants are entitled to get compensation to the tune of Rs. 50,000/- with respect to the grievous injury caused to the claimant involving fracture in his Tibia and Fibula bone in the said accident with interest @ 6% p.a. from the date of filing of the claim. From perusal of the record, it is revealed that pursuant to the judgment and award the claimants have already been paid the compensation quantified by the learned Tribunal i.e. Rs.35,000/- plus interest and now the enhanced amount shall be paid to the claimants within a period of six weeks from the date of receipt of certified copy of this order, failing which the same shall carry interest @ 7.5%.

9. The misc. appeal is partly allowed. All pending applications, if any, shall stands disposed of.

(DR. NUPUR BHATI)