Rajasthan State Road Transport ... vs Nirmala Kanwar
2021 Latest Caselaw 12848 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2261/2018

1. Rajasthan State Road Transport Corporation, Through Manager, Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur- Rajasthan (Owner Of Bus No. Rj-09-Pa-0948) Non-Claimant

2. Rajasthan State Road Transport Corporation, Depot Chittorgarh, Through Chief Manager, Rajasthan State Road Transport Corporation, Chittorgarh. (Owner Of Bus No. Rj-09-Pa-0948) Non-Claimant

----Appellants Versus

1. Miss Nirmala Kanwar D/o Sh. Bhallu Singh, Aged About 21 Years, B/c Rajput, R/o Ramdevji Ka Chanderiya, Teh- Chittorgarh, Dist. Chittorgarh. (Rajasthan) Claimant

2. Gopal S/o Sh. Devi Lal, B/c Dhakad, Aged Major, R/o Anwalheda, Teh- Begu, Distt. Chittorgarh (Rajasthan) (Owner Of Bus No. Rj09-Pa-0948) Non-Claimant

----Respondents

For Appellant(s) : Mr. M.R. Pareek

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

17/08/2021

The matter is listed in the defect category. However, with the

consent of learned counsel for the appellants, the matter is taken

up today itself for final disposal at this stage.

The present appeal arises out of the judgment dated

11/04/2018 passed by Motor Accident Claims Tribunal, Chittorgarh

in Claim Case No. 413/2017 (685/2015). Vide judgment dated

11/04/2018, the Tribunal awarded an amount of Rs. 1,67,500/-

(2 of 3) [CMA-2261/2018]

to the injured claimant on account of the injuries suffered by her

in the accident which occurred on 19/05/2015.

The Tribunal, after framing the issues, evaluating the

evidence on record and hearing counsel for the parties, decided

the claim petition of the claimant.

Heard learned counsel for the appellant.

Learned counsel for the appellants submits that the finding

of the Tribunal on issue No.2 is erroneous as the amount awarded

by the Tribunal for the injuries suffered by the claimant is on the

higher side. However, learned counsel for the appellants is not in a

position to dispute the fact of accident having occurred with the

vehicle of the appellant.

I have considered the submissions made at the Bar and

gone through the impugned judgment passed by the Tribunal as

well as the record of the case.

The finding of the Tribunal recorded on issue No.2 is that as

per the injury report Ex.P.18, the respondent suffered two

grievous and one simple injuries and due to said injuries, she

suffered a permanent disability to the extent of 14%. Therefore,

the calculation for the computation in the present case has rightly

been done and an amount of Rs. 1,67,500/- has been awarded to

the claimants as at the time of accident, she was working as a

teacher in the private school. A bare perusal of the findings and

the detail discussions of the same by the Tribunal appears to be

just and proper. Thus, the argument of learned counsel for the

appellant that the amount awarded by the Tribunal is on the

higher side is not convincing. The amount awarded by the Tribunal

to the respondent-claimant in the present case is just

compensation and the same does not call for any interference by

(3 of 3) [CMA-2261/2018]

this Court. The appeal, therefore, is having no force and the same

is hereby dismissed.

Since the main appeal itself has been dismissed, the

application under Section 5 of the Limitation Act also stands

dismissed.

(VINIT KUMAR MATHUR),J

103-SanjayS/-

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