Narendra Singh S/O Shri Dharmpal ... vs Mansingh Tanwar S/O Chhaju Singh ...
2022 Latest Caselaw 4379 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 6461/2019

Narendra Singh S/o Shri Dharmpal Singh, Aged About 18 Years,
R/o Dhani Nimori Ki, Tan Nijhar, Police Thana, Shahpur, Distt.
Jaipur (Raj)
                                                        ----Appellant/Claimant
                                   Versus
1.      Mansingh Tanwar S/o Chhaju Singh Tanwar, R/o Chiplata,
        Teh. Neem Ka Thana, Distt. Sikar (Raj) (Presently Driver
        And Motorcycle No. RJ-32SE-6083)
2.      Pappuram Swami S/o Shri Tulsidas Swami,                    R/o Village
        And Post Gordhanpur, Teh. Kotputli Distt. Jaipur (Raj) (At
        Present Owner Of Registered Motorcycle No.                  RJ-32SE-
        6083)
3.      Reliance General Insurance Co. Ltd., Through Regional
        Manager, Address Maker Tower, Nityanand Marg, Queens
        Road, Vaishali Nagar, Jaipur Distt. Jaipur (Raj) At Present
        Beema Company Motorcycle No. RJ-32SE-6083, Valid
        Upto Dt. 02.02.2016 To 01.02.2017, Insurance Policy No.
        1104462312007988
                                          ----Respondents/Non-Claimants

For Appellant(s)         :     Mr. Jiteshu Chugh for
                               Mr. Om Prakash Pareek



        HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

                                Judgment

01/07/2022

Instant appeal has been filed by the appellant-claimant

under Section 173 of the Motor Vehicles Act, 1988 (for short 'the

Act of 1988') for enhancement of compensation, assailing the

impugned judgment and award dated 20.09.2019 passed by the

Motor Accident Claims Tribunal, Shahpura, District Jaipur (Raj.)

(for short 'the Tribunal') in MAC Case No. 34/2017 whereby a

(2 of 3) [CMA-6461/2019]

compensation of Rs. 1,41,087/- along with interest @ 9% per

annum has been awarded in favour of the appellant-claimant.

Learned counsel for the appellant-claimant submits that the

appellant filed a claim petition under Section 166/140 of the Act of

1988 claiming compensation for the injuries sustained by him in

an accident occurred on 13.10.2016, which was allowed and the

Tribunal has awarded the compensation as indicated above.

Feeling aggrieved and dissatisfied with the quantum of

compensation, the appellant-claimant has submitted this appeal

for enhancement of compensation.

Learned counsel for the appellant claimant submits that the

appellant has sustained 24.06% permanent disability and a very

petty amount of Rs. 1,41,087/- has been awarded as

compensation. Counsel further submits that the appellant

remained admitted in the hospital for about 9 days but

compensation for 6 days only was awarded by the Tribunal.

Counsel further submits that looking to the injuries and the

disabilities suffered by the appellant, the impugned award needs

suitable enhancement by this Court.

Heard. Considered the arguments raised by the counsel for

the appellant.

Perusal of the judgment and award dated 20.09.2019

indicates that the appellant has sustained 24.06% permanent

disability but the same was treated as 25% by making the same

as round off on the higher side and looking to this permanent

disability i.e. 25% and other injuries sustained by the appellant,

sufficient amount of compensation to the tune of Rs. 1,41,087/-

has been awarded by the Tribunal. The Tribunal has assessed the

compensation on the basis of the materials available on the

(3 of 3) [CMA-6461/2019]

record, after assessment of compensation under all the heads,

total compensation of Rs. 1,41,087/- along with interest @ 9%

per annum from the date of filing of claim petition has been

awarded. The quantum of compensation as assessed by the

Tribunal appears to be just and reasonable and the same cannot

be treated as inadequate.

It is the well settled proposition of law that the appellant

may not claim compensation as a windfall, and if the

compensation assessed by the Tribunal is just and proper, the

same needs no interference by the Court of appeal. In totality of

the facts and circumstances of the case, this court is not inclined

to entertain the present appeal.

The present appeal is devoid of merit and the same is hereby

dismissed.

All pending application(s), if any, also stand dismissed.

(ANOOP KUMAR DHAND),J

Ritu/44

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