U.I.Ins.Co.Ltd vs Smt.Tulsi Devi And Ors
2021 Latest Caselaw 8090 Raj

(1 of 4) [CCOMA-12/2014]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civ.cros.obj.miscapp No. 12/2014 Smt. Tulsi Devi w/o Shri Shanti Lal Lohare, age 33 years, b/c

lohare r/o Adarshnagar south sunderwas Dist. Udaipur(Raj.)

----Petitioner Versus

1. Ganga Ram Meghwal s/o Shri Sawaji Meghwal, b/c Meghwal,

r/o village Sisavi, Thana Kurabad, dist. Udaipur(Raj.)

2. M/s Mateshwari Export, through properietor Smt. Antar

Kunwar, r/o G-01/96, A-97 Udhyog Vihar, Sukher - Udaipur(Raj.)

3. United India Insurance Co. Ltd. branch Manager branch office

Bapubazar Udaipur(Raj.)

----Respondent Connected With S.B. Civil Misc. Appeal No. 2621/2012 Appellant/non-claimant

1. United India Insurance Co. Ltd. branch Manager branch office

Bapubazar Udaipur through its Senior Divisional Manager, United

India Insurance co. Ltd. Residency Road, Rotary Bhawan,

Jodhpur(Raj.)

(insurer of Bolero No. Rj-27-G-8086)

----Petitioner Versus Respondent-claimant

1. Smt. Tulsi Devi w/o Shri Shanti Lal Lohare, age 33 years, b/c

lohare r/o Adarshnagar south sunderwas Dist. Udaipur(Raj.)

Respondent-non-claimant

2. Shri Ganga Ram Meghwal s/o Shri Sawaji Meghwal, b/c

Meghwal, r/o village Sisavi, Thana Kurabad, dist. Udaipur(Raj.)

(driver of Bolero No. Rj-27-G-8086)

3. M/s Mateshwari Export, through properietor Smt. Antar

(2 of 4) [CCOMA-12/2014]

Kunwar, r/o G-01/96, A-97 Udhyog Vihar, Sukher - Udaipur(Raj.)

(owner of Bolero No. Rj-27-G-8086)

----Respondent

For Petitioner(s) : Mr. S.R. Paliwal For Respondent(s) : Mr. Jitendra Chopra Mr. SS Rathore

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment

24/03/2021

The claimant/respondent has preferred the cross-objection

for enhancement of the amount awarded by the Tribunal vide

Judgment and Award dated 14.09.2012 passed by the Motor

Accident Claims Tribunal, Udaipur in Claim Case No. 353/2010.

The claim application of the respondent/claimant was partly

allowed and an amount of Rs. 1,35,000/- was awarded to the

respondent/claimant on account of the injuries suffered by

appellant Smt. Tulsi in the accident which occurred on 02.02.2009.

Learned Tribunal after framing the issues, evaluating the

evidence on record and hearing the counsel for the parties,

decided the claim petition of the respondent/claimant awarding

the compensation to the tune of Rs. 1,35,000/- under various

heads in favour of the respondent/claimant.

Learned counsel for the appellant fairly submits that the

findings recorded by the Tribunal cannot be disturbed in view of

the judgment of Hon'ble Supreme Court in the case of Mukund

Dewangan V/s Oriental Insurance Company

Limited(Supra). He further submits that admittedly, in the

present case the driver of the bolero camper was holding the

driving license to drive light motor-vehicle and since, the vehicle

(3 of 4) [CCOMA-12/2014]

involved in the accident is less than 7500 kg, therefore, the driver

of the bolero was holding the requisite license for driving the

same. Even though, the use of vehicle was only for the

commercial purposes.

I have considered the submissions made at the Bar and gone

through the Judgment and Award dated 14.09.2012.

In view of the judgment of Hon'ble Supreme Court in the

case of Mukund Dewangan(supra), the appeal preferred by the

Insurance Company being S.B. Civil Misc. Appeal No. 2621/2012 is

bereft of merit and therefore, the same is dismissed.

As far as, the computation of the amount for the injuries

suffered by the cross-objector respondent is concerned, learned

counsel submits that the claimant/respondent has suffered

disability in the accident to the extent of 15% therefore, the

appropriate percentage of permanent disability to the whole body

may be considered while computing the award.

Considering the fact that the claimant/respondent has

suffered the disability to the extent of 15% on account of fractures

in the tibia and fibula below the leg, this Court considers the

disability of 10% of whole body and the same should be taken into

consideration while computing the award.

Learned counsel for the parties have submitted a joint

calculation for the computation of the amount in view of the

guidelines of the Rajasthan State Legal Services Authority dated

05.11.2018, the same is as under:-

Permanent disability 10% (25000+3000x10) Rs. 55,000/-

For simple injury (2x2500)                                       Rs. 5,000




                                                                              (4 of 4)                    [CCOMA-12/2014]



                                   Hospitalization charges for 46 days (1100x46)                         Rs.50,600/-

                                   Medical Bills                                                         Rs. 33,677/-

                                   Towards pain and suffering                                            Rs. 27,650/-

                                                                                             Total    Rs.1,71,927/-


                                   Less: Amount already awarded by the Tribunal                       Rs.1,35,000/-


                                   Total enhancement comes to                                         Rs.36,927/-




                                        Thus,       the        cross-objection               preferred       by     the

                                   claimant/respondent        is   allowed.        The     Insurance      Company       is

directed to pay the enhanced amount of Rs. 36,927/- in addition

to the amount already awarded by the Tribunal within a period of

six weeks from today. The enhanced amount shall carry interest @

6% from the date of filing the claim application.

(VINIT KUMAR MATHUR),J

36-37-Payal/-

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