Raj Lohar vs Shambhu Lal Odd And Ors
2021 Latest Caselaw 6513 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 564/2017

Raj Lohar S/o Sh. Mangi Lal Lohar, Resident Of Near Parshwanath Mandir, Savina, Udaipur.

----Appellant Versus

1. Shambhu Lal Odd S/o Sh. Ganga Ram Ji Odd, Resident Of Bhinder Valabh Nagar, District Udaipur. Vehicle Driver

2. Ambalal Odd S/o Sh. Ganga Ram Odd, Resident Of 230 Vijay Singh Rathik Nagar, Kachhi Basti, Savina, Uaipur. Owner Of Vehicle

3. Divisional Manager, H.d.f.c. Agro, General Insurance Company Ltd., Through Its Branch Manager, Udaipur.

        Insurer Of Vehicle
                                                                ----Respondents


For Appellant(s)          :    Mr. Naresh Khatri
For Respondent(s)         :    Mr. TRS Sodha

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

04/03/2021

The present appeal has been filed against the judgment and

award dated 22.09.2016 passed by the Motor Accident Claims

Tribunal No.1, Udaipur in Claim Case No.509/2014 whereby the

learned Tribunal awarded a sum of Rs.4,18,000/- in favour of the

claimant on account of the injuries suffered by him in the accident

which occurred on 6.1.2014.

The Tribunal after framing of the issues, evaluating the

evidence and after hearing the counsel for the parties decided the

claim petition of the appellant.

(2 of 3) [CMA-564/2017]

Learned counsel for the appellant submits that the appellant

has suffered grievous injuries in the accident and the Medical

Board has assessed the disability to the extent of 30%. He further

submits that the Tribunal has wrongly considered the disability to

the extent of 25%. He thus submits that the computation of award

is required to be recomputed after taking into consideration the

permanent disability to the extent of 30%.

As far as the income of the appellant is concerned, the same

is correctly assessed as Rs.6,000/- per month.

Per contra, learned counsel for the respondent while

opposing the submissions made on behalf of the counsel for the

appellant submits that the learned Tribunal has correctly assessed

the evidence brought on record and has rightly computed the

award. The same does not call for any interference by this Court.

However, he is not in a position to controvert the fact that the

Medical Board has assessed the permanent disability to the extent

of 30% on account of the injuries suffered by the appellant.

I have considered the submissions made at the Bar and gone

through the impugned judgment and award as well as other

relevant record of the case.

It is an admitted fact that the accident occurred on 6.1.2014

in which the appellant - Raj Lohar suffered grievous injuries and

the Medical Board has assessed the permanent disability to the

extent of 30%. The appellant was doing the job of Khalasi and by

virtue of the disability so suffered, his output is reduced

considerably. Thus, this Court is of the opinion that the award is

required to be recomputed while considering the disability

assessed to the extent of 30% as reflected in the opinion of the

Medical Board.

(3 of 3) [CMA-564/2017]

In view of the discussions made above, the appeal is allowed

and the respondent - Insurance Company is directed to pay an

enhanced amount of Rs.61,200/- to the appellant within a period

of six weeks in addition to the amount already awarded by the

Tribunal. The enhanced amount shall carry an interest @ 6% from

the date of filing of the application till the same is paid.

(VINIT KUMAR MATHUR),J

63-praveen/-

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