Smt.Pista Devi vs Prabhu Ram And Ors
2021 Latest Caselaw 6751 Raj

(1 of 3) [CMA-1701/2004]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1701/2004

Smt.Pista Devi W/o. Jhumar Lal Ji, Age-34 years, by caste Harijan, R/o. Mohalla Gawariya, Behind Railway Station, Ward No.3, Pipar City, District Jodhpur, Rajasthan

----Appellant Versus

1. Prabhu Ram S/o Shankar Lal Ji, by caste Vishnoi, R/o. Bhajan Nagar, Lohawat, Tehsil Phalodi District Jodhpur, Rajasthan.

2. Om Prakash S/o Fateh Ram, R/o. Village Bhassar Kotwali, Tehsil Bhopalgarh, District Jodhpur, Rajasthan.

3. The New India Insurance Company Limited, Chopasani Road, Jodhpur.

                                                                ----Respondent


For Appellant(s)         :     Mr. Ayush Gehlot on behalf of
                               Mr. Rajesh Panwar
For Respondent(s)        :     Mr. L.D. Khatri

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

05/03/2021

The present appeal has been preferred against the judgment

and award dated 03/03/2004 passed by Motor Accident Claims

Tribunal-I, Jodhpur in Motor Accident Claims Case No. 479/2000.

Vide judgment dated 03/03/2004, the Tribunal awarded a sum of

Rs.26,100/- to the appellant on account of the injuries suffered by

her in the accident which occurred on 18/09/2000.

Learned Tribunal after framing the issues, evaluating the

evidence brought on record and hearing learned counsel for the

parties, decided the claim petition of the appellant as stated

hereinabove.

Heard.

(2 of 3) [CMA-1701/2004]

Learned counsel for the appellant submits that the Tribunal

committed an error while calculating the amount of compensation

in the present case. He submits that on account of the injuries

suffered by the appellant in the accident, she incurred permanent

disability to the extent of 9.45%. He submits that the Tribunal has

not adequately compensated the appellant and, therefore, the

amount is required to be reassessed in the light of the RSLSA

Guidelines issued on 05/11/2018.

Per contra, learned counsel for the respondent/Insurance

Company submits that the Tribunal has taken into consideration

the entire evidence produced before it while computing the award

in the present case and has rightly awarded a 'just compensation'

to the appellant on account of the injuries suffered by her in the

accident. However, learned counsel is unable to controvert the

submissions of learned counsel for the appellant for recalculation

of the amount in accordance with the RSRLA Guidelines.

For the purpose, both the learned counsel for the parties

have produced a joint calculation of the compensation in the

present case in accordance with the RSRLA Guidelines which is as

under :-

     Age of the Injured       :       30 Years
     Injuries                 :       Fracture (Leg) -           Rs.15,000/-
                                      grievous injury

     Permanent Disability :           9.45%

                                      25000+3000X9.45 = Rs.53,350/-

     Hospitalization          :       4 days X 600             = Rs. 2,400/-

     Loss of Income           :       25%(72,750)              = Rs. 18,188/-
     Medical Expenses &       :                                = Rs. 2,000/-
     Nourishment

     Total Award              :                                  Rs.92,938/-




                                                                             (3 of 3)                     [CMA-1701/2004]


                                           Less : Award by Tribunal :                                Rs.26,100/-

                                           Enhanced award                  :                         Rs.66,838/-

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

partly allowed. The amount of Rs.66,838/- (Rupees : Sixty Six

Thousand Eight Hundred Thirty Eight Only) is enhanced in the

present case. The respondent/Insurance Company is directed to

pay an amount of Rs.66,838/- in addition to the amount already

awarded by the Tribunal within a period of six weeks from today.

The enhanced amount shall carry interest @ 7.5% per annum

from the date of filing the claim petition till the same is actually

paid.

(VINIT KUMAR MATHUR),J

211-SanjayS/-

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