Manish Dutt vs Surajbhan Singh And Anr
2021 Latest Caselaw 9210 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 745/2012

Manish Dutt Purohit S/o Sh. Narendra Dutt Purohit, aged 30 years, R/o Kallo ki Gali, Kabutaro ka Chowk, Jodhpur

----Appellant Versus

1. Surajbhan Singh S/o Sh. Krishan Pal Singh, by caste Sikh, R/o Harigarh Bokhu, Police Station Peehova, District Kurushetra, Hariyana, presently working as Driver D.M.T., Naag Talaab, Army Area, Mandore, Jodhpur.

(Driver of Vehicle No. I-04-B-086428MCLI)

2. The Union of India through Secretary, Ministry of Defense, Govt. of India, New Delhi.

(Owner of Vehicle No. I-04-B-086428MCLI)

----Respondents

For Appellant(s) : Mr. Anil Bissa For Respondent(s) : Mr. Mukesh Rajpurohit

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment

Reserved on:- 07/04/2021 Pronounced on:- 09/04/2021

With consent of the learned counsel for the parties, the

matter is being heard and decided.

The present appeal has been preferred by the appellant

against the Judgment and Award dated 02.04.2012 passed by the

Motor Accident Claims Tribunal (First), Jodhpur, in M.A.C. Case

No.369/2008 whereby the appellant was awarded an amount of

Rs. 1,15,699/- as compensation for the injuries suffered to the

claimant in the accident which occurred on 29.03.2007.

Learned Tribunal after framing of the issues, evaluating the

evidence on record and hearing the counsel for the parties have

(2 of 3) [CMA-745/2012]

decided the claim-petition of the appellant. Learned counsel for

the parties submit that the amount is required to be recomputed

in the light of Rajasthan State Legal Services Authority guidelines

dated 05.11.2018. Learned counsel for the parties jointly

submitted the recalculation of the award in the present case in

accordance with the Rajasthan State Legal Services Authority

guidelines which is reproduced as under:-

For simple injury Rs. 22,500/-

For grievous injury (Tibia-Fibula Rs. 95,000/-

& other parts of the body)
Age of injured                             30 years
For hospitalization                        Rs.16,200/-
(27 days x Rs.600)
Loss of Income                             Rs.28,000/-
(8 months x Rs.3,600/- P.M.)
Permanent disability                       Rs.36,010/-
(Rs.25,000 + 3000 x 3.67)
Medical expenses                           Rs.33,424/-

Pain and sufferings                        Rs.49,428/-
(1,97,710 x 25%)
Total Award                                Rs.2,80,562/-

Compensation awarded by the Rs.1,15,699/- Tribunal Enhanced compensation Rs.1,64,863/-

In view of the discussions made above, the present appeal is

allowed. The respondents are directed to pay an amount of

Rs.1,64,863/- in addition to the amount already awarded by the

Tribunal vide its Judgment dated 02.04.2012, within a period of

six weeks. The enhanced amount shall carry interest @ 6% from

the date of filing the claim-petition till the same is paid.

(3 of 3) [CMA-745/2012]

The amount so deposited by the respondents shall be

disbursed by the Tribunal in the saving bank account of the

claimant in accordance with law.

(DEVENDRA KACHHAWAHA),J 297-Rashi/-

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