Nathulal vs S.E.Mudhu And Ors
2021 Latest Caselaw 2601 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1076/2007 Shri Nathulal s/o Bheraji Bheel, aged 40 years, R/o at present Hindustan Zinc Ltd., Daruba, Tehsil Railmagra, District Rajsamand.

----Appellant Versus

1. Sh. S.E.Mudhu S/o K.P. Mugwil, By caste Yadav, At present Sipahi 1481, 7950 H Sipahi 531 A.S.C, Battalion, Through 56 A.P.O.

2. Sh. Manoharlal S/o Bridgelal Rajpoot, R/o Bajwal, At present Nayab Subedar, J.C. 419589 Main infantry (94 Arm Bej)

3. Union of India, through Defense Secretary, Ministry of Defense, New Delhi.

----Respondent

For Appellant(s) : Mr. Sandeep Saruparia For Respondent(s) : Mr. Mukesh Rajpurohit, Additional Solicitor General.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

01/02/2021

With the consent of the parties, the matter is being heard

and disposed of finally.

The present appeal has been preferred by the appellant-

claimant against the judgment and award dated 19.03.2004

passed by M.A.C.T., Rajsamand in Claim Case No. 199/2003

whereby, an amount of Rs. 36,800/- was awarded to the

appellant-claimant on account of the injuries suffered by him.

Dissatisfied with the award, the present appeal has been

preferred.

(2 of 3) [CMA-1076/2004]

Learned counsel for the appellant submits that the amount

awarded by the Tribunal to the appellant-claimant is required to be

recomputed in the light of RALSA Guidelines.

To this proposal, learned counsel for the respondent has not

opposed.

Considering the award in the light of RALSA Guidelines, the

amount which is liable to be assessed in the present case is that :

For Four fractures of the ribs (Rs. 15,000/- per Rs. 60,000/-

fracture)

For two Simple injuries ( 3000 x2) Rs. 6,000/-

For loss of income for two months                               Rs. 24,600

Legal expenses                                                  Rs. 1,200/-

As per Clause 4a of RALSA Guidelines, since the                 Rs. 18,360/-

appellant is 40 years of age, amount towards

pain and suffering will be 20% of the total award

( excluding medical bills and medical expenses)

Rs.1,10,160/

Total -

Less: Amount already awarded by the Tribunal Rs.36,800/-

Total enhancement comes to Rs. 73,360/-

In view of the calculations made above, the respondents are

directed to pay an enhanced amount of Rs. 73,360/- (Rs. Seventy

three thousand three hundred and sixty) to the appellant-claimant

in addition to the amount already awarded by the Tribunal within a

period of six weeks from today. The said amount shall carry an

(3 of 3) [CMA-1076/2004]

interest @ 9% per annum from the date of filing of the claim

petition.

The appeal is disposed of in the above terms.

Record of the learned Tribunal be sent back immediately.

(VINIT KUMAR MATHUR),J

55-/VivekM/-

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