Rajasthan High Court - Jodhpur
Smt. Lungo vs Babulal And Ors (2025:Rj-Jd:40078) on 9 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:40078]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civ. Cros. Obj. misc. app No. 1/2006
Smt. Lungo w/o Genaram, b/c Mali, age 34 years, r/o Otwala,
tehsil Sayla, District Jalore (Raj.)
----Petitioner
Versus
1. Babulal s/o Kheemraj Ji, b/c Jain, r/o Mokhava, Tehsil Shiv,
District barmer (Raj.)
2. Hanwant Kumar s/o Premchand, b/c Acharya, R/o Acharyo
Ka Bas Barmer (Raj.)
3. United India Insurance Company Ltd. Barmer
----Respondents
For Petitioner(s) : None present
For Respondent(s) : None present
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment 09/09/2025
1. This is an old civil cross objection filed on behalf of the claimant-applicant for enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Jalore (hereinafter referred to as "the learned Tribunal") vide its judgment and award dated 09.05.2003. As per the memo of appeal, the claimant met with an accident on 22.09.2000 and sustained number of injuries for which, she was treated in Mahatma Gandhi Hospital, Jodhpur. Due to the injuries suffered in the accident, the claimant-applicant filed a claim petition before the learned Tribunal which was decided vide judgment and award dated 09.05.2003 and the claimant-applicant was awarded a compensation of Rs.67,921/- on account of the injuries suffered by her. Being aggrieved of the judgment and award dated 09.05.2003 passed by the learned Tribunal, the owner and driver preferred S.B. Civil Misc. Appeal (Uploaded on 10/09/2025 at 03:07:24 PM) (Downloaded on 10/09/2025 at 09:39:43 PM) [2025:RJ-JD:40078] (2 of 3) [CCOMA-1/2006] No.656/2004, wherein the claimant-cross-objector filed the present civil cross objection for enhancement of the compensation awarded by the learned Tribunal.
2. I have scanned the record as well as the judgment and award dated 09.05.2003.
3. As per the record, the factum of accident is not disputed. As per the disability certificate issued by the Medical Board, the applicant has sustained permanent disability of 20%. She remained admitted in the hospital from 23.09.2000 to 29.09.2000. Since, at the time of accident, the age of the applicant was 34 years, she is also entitled to get 20% of the total awarded amount towards the head of pain and suffering.
4. In these circumstances, this Court feels that the amount awarded by the learned Tribunal is on a lower side and the same is required to be re-computed in the light of Rajasthan State Legal Services Authority Guidelines, 2024, therefore, the same is re- computed as under:-
Sl. Particulars Amount in
No. Rupees
1. For Permanent Disability- --
Rs.35000 + 4500 x 20=1,25,000/-
2. For Hospitalization & attendant - --
Rs.600 x 7=4,200/-
3. Already awarded by the Tribunal
Rs.67,921/-
Total Sl.Nos.1 to 3
Rs.1,25,000+4200+67,921 = 1,97,121/-
4. Pain & Suffering- --
Rs. 1,97,121 x 20%=39,424/-
Total Sl.Nos.1, 2 and 4 Rs.= 1,68,624/-
Total Amount 1,68,624/-
(-)Already awarded by the Tribunal 67,921/-
Enhanced Amount 1,00,703/-
(Uploaded on 10/09/2025 at 03:07:24 PM) (Downloaded on 10/09/2025 at 09:39:43 PM) [2025:RJ-JD:40078] (3 of 3) [CCOMA-1/2006]
5. It is also held that the amount awarded by the learned Tribunal under the other headings shall remain unchanged in its judgment and award dated 09.05.2003.
6. The enhanced amount shall be paid by the Insurance Company in view of the judgment passed today itself by this Court in S.B. Civil Misc. Appeal No.656/2004 (Babulal & anr. Vs. Smt. Lugo & anr.), wherein the liability to pay the compensation has been fastened upon the Insurance Company and the owner and driver of the offending vehicle have been exonerated.
7. In view of the discussion made above, the present civil cross objection merits acceptance and the same is partly allowed with a direction to the respondents to pay an amount of Rs.1,00,703/- (Rupees One Lac Seven Hundred Three) to the applicant-claimant in addition to amount of Rs.67,921/- which has already been ordered to be awarded by the learned Tribunal vide its judgment and award dated 09.05.2003.
8. The enhanced amount of Rs.1,00,703/- (Rupees One Lac Seven Hundred Three) shall carry the interest @ 3% from the date of filing the claim petition till the same is paid by the respondents.
9. Registrar (Judicial) of this Court is directed to supply a copy of this order to both the parties.
(VINIT KUMAR MATHUR),J 19-Payal/-
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