Siyaram Son Of Madan Lal vs Ramotar Jat Son Of Sugan Singh

Rajasthan High Court

Siyaram Son Of Madan Lal vs Ramotar Jat Son Of Sugan Singh on 7 May, 2024

Author: Narendra Singh Dhaddha

Bench: Narendra Singh Dhaddha

[2024:RJ-JP:21129]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 3226/2022

Siyaram Son Of Madan Lal, Aged About 56 Years, Resident Of
Chimma Ki Dhani, Tan Narayanpur At Present Virat Nagar,
District Jaipur.
                                                                           ----Appellant
                                       Versus
1.       Ramotar Jat Son Of Sugan Singh, Resident Of Doli, Tehsil
         And Thana Ramgarh, District Alwar (Driver And Owner
         Truck No. Rj-05-Ga-4746).
2.       The New India Assurance Company Limited, Having Its
         Regional Office At Nehru Palace, Tonk Road, Jaipur
         Through Its Regional Manager(Insurer Truck No. Rj-05-
         Ga-4746, Valid From 01-07-2013 To 30-06-2013).
                                                                     ----Respondents

For Appellant(s)             :     Mr. Vinay Mathur
For Respondent(s)            :     None

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment DATE OF JUDGMENT 07/05/2024 The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimant-appellant (for short 'the claimant') dissatisfied with the judgment and award dated 27.07.2022 passed by the Additional District and Session Judge No. 1, Shahpura, Jaipur and Motor Accident Claims Tribunal Shahpura, Jaipur (for short 'the Tribunal') in Claim Case No.10/2014,(NCV No.1301/2014) whereby the Tribunal has awarded a sum of Rs.47,278/- along with interest @ 6% per annum from the date of filing the claim petition as compensation in favour of the claimant.

(Downloaded on 24/05/2024 at 09:44:02 PM) [2024:RJ-JP:21129] (2 of 3) [CMA-3226/2022] Learned counsel for the claimant submits that the Tribunal had considered the income of the claimant as Rs. 47,563/- per month but the Tribunal has not awarded any amount towards loss of income. Learned counsel for the claimant further submits that the Tribunal has awarded very meagre amount of Rs. 5,000/- towards transportation charges and also awarded amount of Rs. 10,000/- towards pain and suffering. Learned counsel for the claimant further submits that the claimant has sustained 24.63% permanent disability but the Tribunal has not awarded any amount towards the permanent disability. Learned counsel for the claimant further submits that the Tribunal has not awarded any amount towards attendant, food and nutritional diet charges. So, judgment and award of the Tribunal may be modified.

Despite service of notice, none has put in appearance on behalf of respondent.

I have considered the arguments advanced by learned counsel for the claimants and perused the impugned judgment and award.

It is admitted position that the claimant was a Government Teacher. So, due to disability he did not suffer any loss of income. So, in my considered opinion the Tribunal has rightly disallowed the amount towards loss of income. But the Tribunal has not awarded very meagre amount of Rs. 10,000/- towards pain and suffering. In my considered opinion, taking into consideration 24.63% permanent disbaility the amount towards pain and suffering is required to be enhanced upto Rs. 20,000/-. The Tribunal has not awarded any amount towards attendant charges whereas it should be Rs.3,000/- and the Tribunal has not awarded (Downloaded on 24/05/2024 at 09:44:02 PM) [2024:RJ-JP:21129] (3 of 3) [CMA-3226/2022] any amount towards food and nutritional diet whereas it should be Rs. 3,000/-. So, award of the Tribunal is modified to the extent as under:-

                                               For pain and suffering                              Rs. 20,000/-
                                                  Medical Bills(+)                                 Rs. 32,278/-
                                          Transportation Charges(+)                                 Rs. 5,000/-
                                      For food and nutritional diet(+)                             Rs. 3,000/-
                                               For attendant charges                                 Rs.3,000/-
                                                          Total
                                                                                                   Rs. 63,278/-
                                                 Awarded amount
                                                                                                   Rs. 47,278/-
                                                 Enhanced Amount
                                                                                           Rs.63,278 -Rs.47,278 =

                                                                                                   Rs. 16,000/-

In view of the above, the claimant is entitled to get a further sum of Rs.16,000/- as compensation. Assurance Company is directed to deposit enhanced amount of Rs.16,000 /-(Rs.63,278- Rs.47,278) with the Tribunal within a period of two months from the date of receipt of certified copy of this order. On deposition of the said amount, the claimant shall be entitled to withdraw the same. The enhanced amount shall carry 6% interest from the date of filing of claim petition till the actual payment is made.

Rest part of the impugned judgment shall remain unchanged.

Consequently, the appeal is partly allowed.

(NARENDRA SINGH DHADDHA),J Tahir/285 (Downloaded on 24/05/2024 at 09:44:02 PM) Powered by TCPDF (www.tcpdf.org)