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(2024) Law Today Live Doc. Id. 18967 = 2024(2) L.A.R. 203
Decided on: 07.02.2024
For Petitioner(s):
Mr. Arjun Garg, AOR, Mr. Aakash Nandolia, Adv., Ms. Sagun Srivastava, Adv., Ms. Nisha Pandey, Adv.
For Respondent(s):
Ms. Sakshi Mittal, AOR, Mr. Vishnu Mehra, Adv., Mr. Rohit K. Sinha, Adv., Mr. T. Mahipal, Adv.
Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case – Injury case -- 49% disability -- High Court granted compensation of Rs.4,98,329/- -- Injured was a TV Mechanic and the injuries were mainly on the right hand, however, it affects the day-to-day working of the claimant/ injured – While calculating the compensation, future prospects not taken into consideration – Compensation enhanced in lumpsum of Rs.4,00,000/- in addition to the amount already awarded by the High Court – Interest @ 7% p.a. awarded for enhanced amount from the date of filing of the Claims Petition till its realization.
(Para 2-5)
ORDER
1. Leave granted.
2. Arising out of the Award dated 23.01.2018 passed by the High Court of Madhya Pradesh, Bench at Indore, in M.A.No. 2333 of 2016, granting compensation of a sum of Rs.4,98,329/- in a case of 49% disability to the appellant, enhancing the amount as awarded by the Motor Accident Claims Tribunal, the injured-claimant has approached this Court, inter alia, contending that the compensation is inadequate.
3. We have heard learned counsel appearing for the parties and perused the nature of injuries and percentage of disability, which is 49%. It is also seen that the injured was a TV Mechanic and the injuries were mainly on the right hand, however, it affects the day-to-day working of the claimant – injured. It is further seen that while calculating the compensation, future prospects have not been taken into consideration.
4. In the said sequel of facts and circumstances of the case, in our view, further enhancement in lumpsum of Rs.4,00,000/- (Rupees Four Lakhs) may be directed in addition to the amount already awarded by the High Court.
5. Accordingly, the impugned Award passed by the High Court stands modified and enhancement of Rs.4,00,000/- (Rupees Four Lakhs) is further directed in addition to the amount already awarded by the High Court. The enhanced amount shall carry interest at the rate of 7% per annum from the date of filing of the Claims Petition till its realization.
6. In view of above, the civil appeal is disposed of.
7. Pending interlocutory application(s), if any, is/are disposed of.
Order accordingly.
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