Rasida B vs The New India Insurance Co. Ltd
2022 Latest Caselaw 11094 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1130/2020

1. Rasida B W/o Late Shri Makbul Mansuri, Aged About 29 Years, B/c Musalman , R/o Chachor , Tehsil Rampur Manasa , Distt. Nimach (M.p.)

2. Nijba D/o Late Shri Makbul Mansuri, Aged About 4 Years, Through Her Natural Guardian Mother Smt. Rasida B W/o Late Shri Makbul , Aged 29 Years , B/c Musalman , R/o Chachor , Tehsil Rampur Manasa , Distt. Nimach (M.p.)

3. Abdul Rajak S/o Shri Abdul Mansuri, Aged About 54 Years, B/c Musalman , R/o Chachor , Tehsil Rampur Manasa , Distt. Nimach (M.p.)

4. Rabia B Mansuri W/o Shri Abdul Rajak Mansuri, Aged About 52 Years, B/c Musalman , R/o Chachor , Tehsil Rampur Manasa , Distt. Nimach (M.p.)

5. Sugra Bai W/o Shri Abdul Mansuri, Aged About 72 Years, B/c Musalman , R/o Chachor , Tehsil Rampur Manasa , Distt. Nimach (M.p.)

----Appellants Versus

1. The New India Insurance Co. Ltd., Through Divisional Manager , Branch Bhilwara (Raj.) (Insurance Company)

2. Uadi Lal S/o Nathu Suthar, R/o P.s. Pansal Pur , Distt.

Bhilwara (Raj) (Owner)

3. Satynarayan S/o Jamnalal Jat, R/o 26 , Rajput Mohalla , Pansal , Distt. Bhilwara (Raj) (Driver)

----Respondents

For Appellant(s) : Mr. Sanjay Nahar For Respondent(s) : Mr. Sanjeev Johari, Sr. Advocate assisted by Mr. Lalit Parihar

HON'BLE MR. JUSTICE FARJAND ALI

Judgment

06/09/2022

(2 of 3) [CMA-1130/2020]

1. This Misc. Appeal has been filed under Section 173 of the

Motor Vehicle Act, 1988 against the judgment dated 08.07.2019

passed by the learned Judge, Motor Accident Claims Tribunal No.2,

Bhilwara, in MACT Claim No.286/2018 (308/2017) whereby, the

claim application filed by the applicants-claimants on account of

death of her child Najmin, was partly allowed and applicants-

claimants were awarded compensation to the tune of

Rs.3,50,000/- with interest at the rate of 6% per annum from the

date of filing of the claim application.

2. Aggrieved against the said order, the appellants-claimants

has preferred this appeal for enhancement of the quantum of

compensation.

3. Heard learned counsel for the parties and perused the

material available on record.

4. The fact regarding the death of Najmin having occurred

because of accident caused by the rash and negligent driving by

the tractor of Udailal which was being driven by Satyanarayan,

who are respondents No.2 & 3 hererin. The same is well

established by the evidence available on record. The finding

recorded by the Tribunal on this issues are unquestionable. The

deceased was a child aged 05 years. On perusal of issue regarding

quantum of compensation, it is apparent that the Tribunal justly

applied the criterion as laid down by the Coordinate Bench of this

Court in the case of Manju Devi & Anr. vs. Shanker Singh &

Ors. reported in 2015 ACJ (Raj.) 130 while quantifying the

compensation awardable to the claimant. By no stretch of

imagination, the amount of compensation quantified by the

Tribunal at Rs.3,50,000/- can be considered to be unjust or paltry

(3 of 3) [CMA-1130/2020]

so as to warrant enhancement therein. Finding no illegality,

infirmity or perversity in the impugned award dated 08.07.2019,

this Court is not inclined to interfere therein.

5. Thus, the appeal is dismissed in limine as being devoid of

merit.

6. The record be returned to the Tribunal.

(FARJAND ALI),J 16-Mamta/-

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