Parasmal vs Guman Singh
2021 Latest Caselaw 12908 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

S.B. Civil Misc. Appeal No. 259/2020

Parasmal S/o Sh. Narayan Lal, Aged About 46 Years, B/c Mali , R/o Bera Tej Sagar, Nehdha Bera, Sojat City, Tehsil Sojat , Distt. Pali (Raj)

----Appellant Versus

1. Guman Singh S/o Unkar Dan, B/c Charan , R/o Godelav , Tehsil Sojat P.s. Sojat , Distt. Pali.

(Owner And Driver Of The Vehcile Rj-22-Sjd-5257)

2. National Insurance Company Ltd Regional Office, Pali Distt. Pali (Raj.) (Insurance Company Of Motorcycle Rj-22-Sjd-5257) (Policy No 243590/31/2016/1805 Policy , Policy Duration 17-07-2015 To 16-07-2016)

----Respondents

For Appellant(s) : Mr. Ravi Panwar.

For Respondent(s)         :     Mr. Mukul Singhvi.



        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

                                 Judgment

18/08/2021

The matter comes up on an application (1/2020) for

condonation of delay occasioned in filing of the appeal.

For the reasons mentioned in the application, the same is

allowed. The delay of 146 days is condoned.

With the consent of learned counsel for the parties, the

appeal is being heard and disposed of finally at this stage itself.

The instant appeal has been preferred by the appellant

-claimant against the judgment and award dated 07.01.2019

passed by Judge, Motor Accident Claims Tribunal, Sojat District

Pali in Motor Accident Claim Case No.15/2016, whereby the

(2 of 3) [CMA-259/2020]

Tribunal partly allowed the claim petition filed by the appellant-

claimant and awarded a sum of Rs.7,12,816/- as compensation

with an interest @ 8% p.a. on account of injuries sustained by

Parasmal in an accident which occurred on 21.09.2015.

Learned counsel for the appellant-claimant submits that the

Tribunal erred in considering the monthly income of the appellant

as Rs.5122/- treating him as an unskilled labour, however, it has

come on record that the appellant was working as a mason. He

further submits that statements of AW4 Kumbha Ram, private

contractor under whom Parasmal was working as a mason,

fortified the fact that the appellant was a Mason involved in the

construction work. He, therefore, submits that at least the

appellant should have been treated as a skilled labour instead of

an unskilled labour. It is also contended that while computing the

award monthly income of the appellant should have been

considered as Rs.5642/-. The counsel also submits that the

learned Tribunal awarded a meagre amount of Rs.7,12,816/- as

compensation on account of the injuries suffered by the appellant

in the accident, therefore, it is prayed that the amount of

compensation should be enhanced suitably.

Per contra, learned counsel for the respondent Insurance

Company submits that the Tribunal while computing the award has

correctly assessed the income of the appellant in the present case

and has rightly evaluated the evidence brought on record,

therefore, the amount of compensation awarded by the Tribunal in

the present case is a just compensation and the same calls for no

interference by this court.

(3 of 3) [CMA-259/2020]

I have considered the submissions made at the bar, gone

through the judgment dated 07.01.2019 passed by the Tribunal as

also perused relevant record of the case.

The evidence to the effect that the appellant was working as

a mason has been brought on record and same is fortified from

the statement of AW4 Kumbha Ram, thus, it is established that

the appellant was performing the work of a Mason under a private

contractor Kumbha Ram in the construction activities. Thus, the

appellant cannot be treated as an unskilled labour and the Tribunal

should have considered monthly income of the appellant as

Rs.5642/- while computing the award. Thus, while considering

the appellant as a skilled labour, an amount of Rs.25,000/- is

enhanced in the present case in addition to the amount already

awarded by the Tribunal.

In view of discussion made above, the appeal is partly

allowed. The respondent- insurance company is directed to pay

the enhanced amount of Rs.25000/- to the appellant-claimant in

addition to the amount already awarded by the Tribunal. The

enhanced amount shall carry an interest @ 6% p.a.

The record of the Tribunal be sent back forthwith.

(VINIT KUMAR MATHUR),J

223-Anil Singh/-

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