Narain vs Firoz Khan And Ors
2021 Latest Caselaw 2344 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Civil Misc. Appeal No. 1692/2012

Narain son of Ramchandra, by caste Mali, Resident of Govindpura, Tehsil Beawar, District Ajmer

----Appellant Versus

1. Firoz Khan son of Shri Abdul Aziz, by caste Muslim, Resident of Sardarpura Second, Post Daulatpura, Tehsil Beawar, District Ajmer (Driver of vehicle)

2. Laxmi Devi wife of Ramchandra, by caste Mali, Resident of 193, Sendra Road, Govindpura, Beawar, District Ajmer (Owner of vehicle)

3. I.C.I.C.I. Lombard General Insurance Company Limited, ICICI Bank Tower, Bandra Kurla Complex, Mumbai (Insurer of vehicle)

----Respondent

For Appellant(s) : Mr. Ravi Panwar For Respondent(s) : Mr. Jagdish Vyas

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

28/01/2021

The matter is listed in the 'orders' category on an application

(Inward No. 01/2021) moved by the appellant-claimant for early

hearing.

For the reasons mentioned in the application, the same is

allowed.

With the consent of learned counsel for the parties, the

appeal is taken up for final hearing today itself.

The present appeal for enhancement has been filed by the

appellant-claimant against the Judgment and Award dated

26.05.2012 passed by the Judge, Motor Accident Claims Tribunal,

(2 of 3) [CMA-1692/2012]

Jaitaran, District Pali in Motor Accident Claim Case No. 2/2008

whereby the tribunal has awarded a sum of Rs. 61,258/- along

with interest @ 7.5% per annum in favour of the appellant-

claimant.

In brief, the facts of the case are that on 03.12.2007, the

appellant-claimant Narain along with his father was traveling from

Beawar to Raipur in the Tempo bearing No. RJ-36-GA-0503. The

said tempo met with accident. In the said accident, the appellant-

claimant Narain suffered fracture of his right leg. The injury was

assessed by the medical board to be 15% disability. In the

circumstances, a claim petition was preferred by the appellant-

claimant seeking compensation under various heads.

The tribunal after framing issues and taking into

consideration the evidence on record, partly allowed the claim

petition while awarding a sum of Rs. 61,258/- in favour of the

appellant-claimant on account of injury suffered by him in the

accident abovestated.

Learned counsel for the appellant-claimant has assailed the

validity of the Judgment and Award dated 26.05.2012 on the

ground that the tribunal has wrongly taken into consideration the

disability of the appellant-claimant as 8% despite the fact that the

medical board opined his disability to the tune of 15%. He,

therefore, submits that the compensation amount in the present

case is required to be suitably enhanced. He further submits that

any reasonable amount in the present case may be enhanced to

meet the ends of justice and which can be 'just compensation' in

the present case.

Learned counsel for the respondent - Insurance company

while admitting the fact that the appellant-claimant suffered the

(3 of 3) [CMA-1692/2012]

injury in his right leg in the accident abovestated, submits that the

tribunal has rightly computed the amount of compensation in the

Judgment and Award dated 26.05.2012 which does not call for

any interference by this Court. However, he fairly submits that

any amount which in the opinion of this Court is 'just

compensation' can be awarded to the appellant-claimant.

I have considered the rival submissions and perused the

judgment and award impugned.

In the present case, it is an admitted fact that the appellant-

claimant suffered fracture of his right leg which resulted into 15%

disability, on account of which, he was unable to perform his day

to day affairs and the same also hampered his business. In such

circumstances, this Court considers that if an amount of

Rs. 40,000/- (inclusive of all) in addition to the amount already

awarded by the tribunal is enhanced in favour of the appellant-

claimant, the same will meet the ends of justice and will constitute

as 'just compensation' to the appellant-claimant on account of the

injury suffered by him in the accident abovestated.

In view of the above, the present appeal is disposed of with

a direction to the respondent - Insurance Company to pay a sum

of Rs. 40,000/- (inclusive of all) to the appellant-claimant in

addition to the amount already awarded by the tribunal vide its

Judgment and Award dated 26.05.2012 towards full and final

settlement within a period of six weeks from today.

The record of the case be remitted to the tribunal forthwith.

(VINIT KUMAR MATHUR),J

70-Inder/-

Powered by TCPDF (www.tcpdf.org)