Rajasthan High Court - Jodhpur
Kalyan Singh vs Khetaram And Ors on 10 March, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Civil Misc. Appeal No. 420/2007
Kalyan Singh son of Late Shri Chain Singh, aged about 40 years,
by caste Rajput, Resident of Plot No. A/116, Saraswati Nagar,
Basni, Jodhpur
----Appellant
Versus
1. Khetaram son of Shri Manglaram, Resident of Plot No. 28,
Subhash Colony, Bhagat Ki Kothi, Jodhpur
(Owner of Taxi No. RJ-19-1P-0259)
2. National Insurance Company Limited through Divisional
Manager, Divisional Office, Residency Road, Jodhpur
----Respondents
For Appellant(s) : Mr. Girish Sharda with Mrs. Madhu
Boob
For Respondent(s) : Mr. Anil Bachhawat
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
10/03/2021
The present appeal for enhancement of compensation has
been preferred by the appellant-claimant against the judgment
and award dated 31.01.2006 passed by the Judge, Motor Accident
Claims Tribunal, Jodhpur (First) in Claim Case No. 213/2005
whereby an amount of Rs. 2,79,984/- along with interest @ 7.5%
per annum was awarded to the appellant-claimant on account of
injuries suffered by him in the accident, which occurred on
23.01.2005.
The Tribunal after framing the issues, evaluating the
evidence and hearing the arguments of the parties, passed the
(2 of 3) [CMA-420/2007]
judgment and award dated 31.01.2006 partly allowing the claim
petition of the appellant-claimant.
Heard learned counsel for the parties.
Learned counsel for the parties have agreed for disposal of
the present appeal, if the amount in the present case is calculated
in accordance with the RSLSA Guidelines dated 05.11.2018. The
joint calculation of the award has been submitted by the learned
counsel for the parties, which is reproduced as under :-
(I) Compensation on account of permanent Rs. 3,85,000/-
disability (loss of future income)
(Rs. 25,000 + Rs. 6,000/- x 60) = (Rs.
25,000/- + Rs. 3,60,000)
(II) Hospitalization charges (32 days) Rs. 35,200/-
(Rs. 1100/- x 32)
(III) Simple Injury (Rs. 2,500/- x 6) Rs. 15,000/-
(IV) Pain & suffering @ 20% Rs. 87,040/-
(Rs. 4,35,200 x 20/100)
(V) Medical expenses Rs. 94,764/-
Total Rs. 6,17,004/-
Amount awarded by the Tribunal vide Rs. 2,79,984/-
award dated 31.01.2006
Enhanced amount Rs. 3,37,020/-
Thus, in view of the above, the present appeal is disposed of
with a direction to the respondent - Insurance Company to pay
enhanced amount of Rs. 3,37,020/- (Rs. Three Lacs Thirty Seven
Thousand Twenty only) to the appellant-claimant in addition to the
amount already awarded by the Tribunal towards full and final
settlement of the claim, within a period of six weeks from today.
The said amount shall carry interest @ 6% per annum from the
date of filing of the claim petition till actual payment is made. The
amount deposited by the respondent - Insurance Company shall
(3 of 3) [CMA-420/2007]
be disbursed by the Tribunal in the saving bank account of the
appellant-claimant in accordance with law.
(VINIT KUMAR MATHUR),J
94-Inder/-
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