Mangu @ Mangi Lal vs Basnati Lal
2021 Latest Caselaw 8250 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Misc. Appeal No. 93/2002

Mangu @ Mangi Lal S/o Shri Kannaji by caste gameti minor through his father and natural guardian Shri Kanna S/o Shri Bhera r/o : Lalpura, Tehsil Girwa, District Udaipur.

----Appellant Versus

1. Basnati Lal S/o Shri Asha Ram Nagda r/o Meetha Neem, Tehsil Vallabh Nagar, Udaipur.

2. M/s. New India Insurance Co. Ltd. Udaipur - Rajasthan.

                                                                ----Respondents


For Appellant(s)         :     Mr. Kailash Trivedi
For Respondent(s)        :     Mr. UCS Singhvi

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

25/03/2021

With consent of the learned counsel for the parties, the

matter is heard and disposed of at this stage.

The present appeal has been preferred by the appellant

against the Judgment and Award dated 18.09.2001 passed by the

Motor Accident Claims Tribunal, Udaipur, in M.A.C. Case No.

288/1999, whereby the appellant was awarded an amount of Rs.

36,000 as compensation for the injuries suffered by him in the

accident which occurred on 19.01.1998.

Learned Tribunal after framing of the issues, evaluating the

evidence and after hearing the counsel for the parties, decided the

claim petition of the claimants.

(2 of 3) [CMA-93/2002]

Learned counsel for the appellant submits that as per the

disability certificate, the appellant has suffered 25% permanent

disability. He therefore, prays that the amount of compensation is

required to be recomputed in the light of the guidelines of

Rajasthan State legal Services Authority dated 05.11.2018.

The submission of the counsel for the appellant is gracefully

accepted by the counsel for the respondents.

Both the counsel for the parties have calculated the amount

in accordance with the RSLSA guidelines and therefore, the

amount of Rs. 1,53,050/- is to be enhanced in the present case,

calculation of which is as under:-

(I) permanent disability (25%) {25,000+ Rs. 1,25,000/-

(25x4,000) 1,00,000}

(II) Hospitalization (600x40) Rs. 24000/-

(III)        Total of above                                        Rs. 1,49,000/-

(IV)         Pain & Suffering (25% of total award Rs. 37,250/-/-

excluding Medical Bills & Expenses)

(V) Medical expenses Rs. 2,800/-

(VI)         Total award                                           Rs. 1,89,050/-

             Compensation awarded by Tribunal                      Rs. 36,000/-

                                     Enhanced amount Rs. 1,53,050/-

        In   these   circumstances,          the     respondent       -     Insurance

Company is directed to pay an amount of Rs. 1,53,050/- in

addition to the amount already awarded by the Tribunal vide

Judgment dated 18.09.2001, within a period of six weeks. The

enhanced amount shall carry interest @ 6% from the date of filing

the claim-petition till the same is paid.

(3 of 3) [CMA-93/2002]

The amount so deposited by the respondent - Insurance

Company shall be disbursed by the Tribunal in the saving bank

account of the claimant in accordance with law.

In the above terms, the appeal is disposed of.

(VINIT KUMAR MATHUR),J

1-praveen/-

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