Smt. Mohini Bai vs Yashwant Singh And Ors
2022 Latest Caselaw 9305 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2749/2017

Smt. Mohini Bai Wife Of Nathu Singh, Resident Of Wagrecho Ki Bhangal, Village Guda, Tehsil Nathdwara, District Rajsamand.

----Appellant Versus

1. Yaswwant Singh, Resident Of Parawal Ulla Nohara Parawal. Tehsil Nathdwara, District Rajsamand.

2. Parbat Singh Son Of Udai Singh Chudawat, Resident Of Parawal Ulla Nohara Parawal. Tehsil Nathdwara, District Rajsamand.

3. United New India Insurance Co. Ltd., Udiapur.

                                                                  ----Respondents


For Appellant(s)           :     Mr. S.G. Ojha
For Respondent(s)          :



         HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                      Order

18/07/2022

The instant Civil Misc. Appeal under Section 173 of the Motor

Vehicles Act, 1988 has been preferred by the appellant against the

judgment and award dated 03.06.2017 passed by the learned

Judge Motor Accident Claims Tribunal, Nathdwara (hereinafter to

referred to as the learned Tribunal for short) in MACT Case

No.43/2014 whereby the learned Tribunal has partly allowed the

claim petition.

The facts in brief are that the appellant-applicant was going

alongwith her Buffalo at Village Guda on 06.01.2014 and at that

time the respondent No.1-driver of the Tractor No.RJ-30-RA-4172

(hereinafter referred to as the offending vehicle for short) while

driving the offending vehicle rashly and negligently hit the

(2 of 3) [CMA-2749/2017]

appellant resulting into grievous injuries. An FIR bearing

No.13/2014 was registered also at Police Station Khamnoor for the

said incident. In the claim petition, it was also claimed that at the

time of accident, the appellant was earning a sum of Rs.9,000/-

per month and due to the injuries suffered, she remained

hospitalized and approximately a sum of Rs.3 lakhs were incurred

for treatment. It was also claimed that she suffered 28%

permanent disability and a certificate issue by the Maharaja

Bhupal Government Hospital, Udaipur was also got exhibited by

the claimant as exhibit-12. Thus, claiming a total sum of

Rs.11,16,000/-, the claim was preferred by the appellant before

the learned Tribunal.

Learned counsel appearing for the appellants submits that

the learned Tribunal failed to consider the loss of income due to

injuries received by the appellant. It is also submitted that the

appellant sustained 28% permanent disability and a certificate to

that effect has also been got exhibited by the appellant before the

learned Tribunal, however, the learned Tribunal while deciding the

issue No.3, has committed grave illegality and has only awarded a

lamp sum of Rs.1,30,000/-towards the permanent disability

sustained by the appellant. Not only this, but the learned tribunal

has not awarded compensation towards future prospect and loss

of income for whole life.

Nobody has appeared on behalf of the respondents despite

service.

I have heard learned counsel for the appellant and carefully

perused the relevant material on record including the impugned

judgment and award.

(3 of 3) [CMA-2749/2017]

In my considered view, the learned Tribunal while passing

the impugned judgment and award has not appreciated the facts

of the case and the grounds raised by the learned counsel for the

appellant by way of instant appeal in a proper manner and passed

the impugned judgment and award surreptitiously.

Thus, the impugned judgment and award passed by the

learned Tribunal needs interference by this Court.

In the result, the appeal is partly allowed; the impugned

judgment and award dated 3.6.20217 passed by the learned

Tribunal qua aforesaid issue no.3 is quashed and set aside and the

matter is remanded back to the learned Tribunal with a direction

to decide the matter afresh qua aforesaid issue as early as

possible, preferably within a period of two months from the date

of receipt of the certified copy of the order instant, in the light of

grounds raised by the learned counsel for the appellant by way of

the aforesaid appeal and the judgment to be cited by the learned

counsel for the parties, if any, after issuing notice to all the

concerned parties and giving opportunity of hearing to them.

Record, if any, be sent back.

(MADAN GOPAL VYAS),J 97-Hanuman/-

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