Rajasthan High Court - Jodhpur
Kalu Ram vs Pappu Lal And Ors on 3 February, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1432/2011
Kalu Ram s/o Shri Uda Ahir, age about 36 years, R/o Indora,
Gangrar, District Chittorgarh
----Appellant
Versus
1. Pappu Lal s/o Devi Lal Mali, R/o Hamirgarh, District Bhilwara.
2. Modi Ram s/o Mangi Lal Vijayvargiy, r/o Hamirgarh, District
Bhilwara.
3. The Oriental Insurance Company Limited, through Branch
Manager, Chittorgarh
----Respondent
For Appellant(s) : Mr. Hari Singh
For Respondent(s) : Mr. AK Dadhich
Mr. Vijay Rajpurohit
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
03/02/2021
With the consent of the learned counsel for the parties, the
matter is heard and disposed of finally.
The present appeal has been preferred against the Judgment
and Award dated 15.03.2010 passed by the Motor Accident Claims
Tribunal, District Chittorgarh, in MACT Claim Case No. 187/2009.
Brief facts of the case are that on 25.01.2006, while the
appellant was travelling in a Tata Truck No. RJ-06-G-5792, he
suffered injuries on account of the over-turn of the truck which
was being driven by the respondent No. 1. Due to the said
injuries, a claim-petition was preferred by the present appellant.
The learned Tribunal after framing the issues and hearing the
(2 of 3) [CMA-1432/2011]
parties, awarded a sum of Rs. 45,000/- to the claimant-appellant
vide Judgment dated 15.03.2010.
Learned counsel for the appellant submits that Kalu Ram has
sustained nine injuries in this case and requisite medical
documents were produced before the Tribunal fortifying the same.
On account of the injuries sustained by the appellant in the
present case, the Medical Board has opined that the appellant has
suffered a permanent disability to the tune of 10%. The Tribunal
has awarded a sum of Rs. 45,000/- to the appellant in the present
case as compensation. The same appears to be on a lower side.
Per contra, learned counsel for the respondents submits that
the Tribunal has taken into consideration the entire evidence
placed on record and after evaluating the same, the compensation
has been awarded in this case. He, therefore, submits that the
same does not call for any interference by this Court.
I have considered the submissions made at the Bar and have
gone through the Judgment and Award dated 15.03.2010 as well
as the other relevant factors of the case.
Admittedly, in view of the documents submitted before the
Tribunal, the appellant has sustained nine injuries and the Medical
Board has opined a permanent disability to the extent of 10%.
Thus, the computation of the award to the tune of Rs. 45,000/- is
on quite lower side. The same is required to be recomputed in the
following manner prescribed as under:-
Permanent disability 10% (25000+30000) Rs. 55,000/-
For eight simple injuries (8x2500) Rs. 20,000
Hospitalization charges for one day Rs.1,100/-
(3 of 3) [CMA-1432/2011]
Medical Bills Rs. 8,000
Towards pain and suffering as the appellant is 32 Rs. 15,220
years of age (20%)
Rs.99,320/-
Total
Less: Amount already awarded by the Tribunal Rs.45,000/-
Total enhancement comes to Rs.54,320/-
Thus, an amount of Rs. 54,320/- is required to be enhanced.
The respondent - Insurance Company is directed to pay an
amount of Rs. 54,320/- in addition to the amount already awarded
by the Tribunal within a period of four weeks. The enhanced
amount shall carry an interest @ 6% p.a. from the date of the
claim-petition till the same is paid.
The misc. appeal is disposed of in the above terms.
(VINIT KUMAR MATHUR),J
161-Payal/-
Powered by TCPDF (www.tcpdf.org)
