Rajasthan High Court - Jodhpur
Kumari Rekha vs Dhala Ram And Ors on 5 March, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Misc. Appeal No. 492/2004
Kumari Rekha W/o Shri Om Prakash, minor by caste Brahmin
through natural guardian and father Om Prakash S/o Punam
Chand, by caste Brahmin, R/o 232, Durga Colony, Pali.
----Appellant
Versus
1. Dhala Ram S/o Adaram, by caste Meghwal, R/o Utvarn Tehsil
and District Pali.
2. Smt. Rami Devi W/o Shri Lachha Ram, by caste Ganchi, R/o
Mandia, Tehsil and District Pali.
3. The New India Assurance Company Ltd. branch office Pali
through Divisional Office at Shanti Mansion, Kotwali scheme,
Khailand Market, Ajmer and Divisional office at Abhay Chambers,
Jalori Gate, Chopasani Road, Jodhpur.
----Respondent
Connected With
S.B. Civil Misc. Appeal No. 261/2005
Om Prakash S/o Punam Chand, by caste Brahmin, resident of
232, Durga Colony, Pali.
----Appellant
Versus
1. Dhala Ram S/o Adaram, by caste Meghwal, R/o Utvarn Tehsil
and District Pali.
2. Smt. Rami Devi W/o Shri Lachha Ram, by caste Ganchi, R/o
Mandia, Tehsil and District Pali.
3. The New India Assurance Company Ltd. through its Branch
Pali, Divisional office at Shanti Mansion, Kotwali scheme,
Khailand Market, Ajmer.
----Respondent
For Appellant(s) : Mr. Ayush Gehlot for Mr. Rajesh
Panwar.
For Respondent(s) : Mr. L.D.Khatri.
(2 of 5) [CMA-492/2004]
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
05/03/2021
With the consent of learned counsel for the parties, the
present appeals are being heard and decided by this common
judgment as they arise out of the same accident and common
judgment passed by the Tribunal.
The above appeals have been preferred against the
judgment and award dated 26.06.2002 passed by the Motor
Accident Claims Tribunal, Pali in Motor Accident Claim Cases
Nos.400/2001 (125/1999) and 368/2001 (92/1999) whereby the
Tribunal awarded a sum of Rs.26,707/- and Rs.84,009/-
respectively as compensation in favour of the appellants-
claimants with an interest @ 9% p.a. on account of the injuries
suffered by them in the accident which occurred on 06.03.1999.
Learned Tribunal after framing the issues, evaluating the
evidence available on record and hearing learned counsel for the
parties allowed the claim petitions of the appellants vide its
judgment and award dated 26.06.2002 and awarded a sum of
Rs.26,707/- and Rs.84,009/- respectively as compensation to the
appellants.
Learned counsel for the appellants submits that the Tribunal
has not correctly appreciated the evidence available on record,
therefore, the Tribunal erred while deciding the issue No.4 and
awarding a meagre sum of compensation in the present cases.
Learned counsel further submits that it is a fact which was proved
beyond doubt before the Tribunal that in the accident which
occurred on 06.03.1999, the appellants suffered injuries. On
account of the injuries suffered, treatment was given to both the
(3 of 5) [CMA-492/2004]
appellants and requisite certificates of injury reports, photographs
of the injured persons, prescription slips of doctors and medical
bills for purchase of medicines were also placed on record. He
further submits that the disability certificates issued by the doctor
concerned (Exp.16 & Exp.17) were disbelieved by the Tribunal
because the disability certificates did not contain certain
particulars. He further submits that the Tribunal has not taken into
consideration the injuries suffered by the appellants while
awarding the compensation in the present case. He, therefore,
prays that amount of compensation should be re-computed as per
the RSLSA guidelines dated 05.11.2018.
Per contra, learned counsel for the respondent Insurance
Company submits that the fact of accident is not disputed but the
Tribunal after taking into consideration all the relevant evidence
brought on record rightly computed the award in the present case.
He further submits that the Tribunal has awarded a just
compensation on account of the injuries suffered by the
appellants, therefore, no interference is warranted by this court in
the award passed by the Tribunal. Learned counsel for respondent
Insurance company, however, is not in a position to controvert the
submissions made by the counsel for the appellants that the
award should be recomputed taking into consideration RSLSA
guidelines.
Having considered the submissions made at the bar, I am of
the view that fact of the accident is not disputed as per the
evidence available on record. The injuries suffered in the accident
are also clear and substantiated by the evidence brought on
record. At the most, it can be a case that permanent disability
certificates issued to the appellants do not contain certain
(4 of 5) [CMA-492/2004]
particulars but at the same time, the fact of injuries having been
suffered in the accident cannot be ruled out. The percentage of
permanent disability may vary but the fact of injuries suffered on
the body of the appellants is established beyond doubt. In the
circumstances, interest of justice will be met, if the appellants are
awarded compensation amount in the light of RSLSA guidelines
dated 05.11.2018. Both the counsel jointly submit calculation for
re- computation of the award, the same reads as under:-
S.B.Civil Misc. Appeal No.492/2005:-
Date of accident : 06.03.1999
Name of injured : Kumari Rekha
Age of the Injured : 13 Years
Injuries : 1 Grievous Fracture injury = Rs. 50,000/-
: 6 simple injuries - 6 x 2500= Rs. 15,000/-
Permanent Disability : 5%
25000+3000X5 = Rs. 40,000/-
Loss of Income : 07 days x 500 = Rs. 3,500/-
Hospitalization : 07 days X 600 = Rs. 4,200/-
Pain & suffering : 25% (1,12,700/-) = Rs. 28,175/-
Medical Expenses : = Rs. 5,707/-
Total Award : Rs. 1,46,582/-
Less : Award by Tribunal : Rs. 26,707/-
Enhanced award : Rs. 1,19,875/-
S.B.Civil Misc. Appeal No.261/2005:-
Name of injured : Om Prakash
Age of the Injured : 42 Years
Injuries : 1 Grievous Fracture injury = Rs. 50,000/-
: 4 simple injuries = Rs. 10,000/-
Permanent Disability : 20%
(5 of 5) [CMA-492/2004]
25000+4000X20 = Rs. 1,05,000/-
Hospitalization : 07 days X 600 = Rs. 4,200/-
Loss of Income : 07 days x 500 = Rs. 3,500/-
Pain & suffering : 17.5%(1,72,700/-)= Rs. 30,223/-
Medical Expenses
including transportation &
Nourishment. : = Rs. 24,809/-
Total Award : Rs. 2,27,732/-
Less : Award by Tribunal : Rs. 84,009/-
Enhanced award : Rs. 1,43,723/-
Thus, in view of the discussions made above, both the
appeals are partly allowed. The respondent insurance company is
directed to pay an enhanced amount of 1,19,875/- to appellant
Kumari Rekha and Rs.1,43,723/-to appellant Om Prakash as
compensation, in addition to the amount already awarded by the
Tribunal, within a period of six weeks from today. The enhanced
amount shall carry an interest @ 7.5% p.a. with effect from the
date of filing of the claim petitions till the same is actually paid.
(VINIT KUMAR MATHUR),J
209-210 Anil Singh/-
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