Smt. Sushila vs Paburam And Ors
2022 Latest Caselaw 11452 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 483/2016

Smt. Sushila Devi W/o Shri Ghanshyam Suthar, aged 43 years, B/c Suthar, R/o Inside Pabubari, Bikaner(Raj.)

----Appellant Versus

1. Paburam S/o Shri Lalchand, B/c Bishnoi, R/o Back Side of Jail sadar, Ward No.1, Jambheshwar Chowk, Nokha, Tehsil Nokha, District Bikaner (Raj.)

2. Girdhari Lal S/o Shri Surtaram, B/c Bishnoi, R/o Near Jiwannath Ji ki Bagechi, Jambheshwar Nahar, District Bikaner(Raj.)

3. National Insurance Co. Ltd. Through Divisional Manager, Panchsati Circle, District Bikaner (Raj.)

----Respondent

For Appellant(s) : Mr. Sanjay Nahar For Respondent(s) : Mr. Jagdish Chandra Vyas

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

14/09/2022

The present Civil Misc. Appeal under Section 173 of the

Motor Vehicles Act, 1988 has been preferred by the claimant-

appellant against the judgment and award dated 16.11.2015

passed by the learned Judge Motor Accident Claims Tribunal,

Bikaner in Claim Case No.36/2011, whereby the learned Tribunal

awarded compensation to the tune of Rs.1,07,819/- due to the

injuries sustained by the appellant in an accident.

Briefly, stated the facts of the case are that on 17.09.2010

when the appellant was going from Ramdev Mandir situated at

Sujandesar to her house with her son on a bicycle and when she

reached at Shriramsar road, a truck bearing No.RJ07-GA-7433

(2 of 3) [CMA-483/2016]

(hereinafter referred to as "the offending vehicle"), which was

being driven by the respondent No.2 rashly and negligently hit the

bicycle resulting into various grievous as well as simple injuries to

the appellant. The appellant preferred a claim petition before the

Motor Accident Claims Tribunal, Bikaner seeking compensation to

the tune of Rs.16,46,000/- due to the injuries sustained by her.

Learned counsel appearing for the claimant-appellant

submits that the learned Tribunal though has awarded a sum of

Rs.10,000/- for pains and suffering to the appellant, but as per

the guidelines of the RALSA, the same ought to have been to the

tune of Rs.19,260/-. Is is also submitted that the appellant

remained hospitalized for about 33 days and during this period,

there is certainly the loss of income to the appellant and under

this head the learned Tribunal has not awarded a single penny.

It is, therefore, prayer that at least the appellant may be

awarded the amount under the heads of pain and suffering and

loss of income alongwith interest from the date of filing of the

claim petition.

Learned counsel appearing for the respondent-Insurance

Company submits that the learned Tribunal has not committed any

illegality in passing the impugned award and the learned Tribunal

has righly awarded compensation to the tune of Rs.1,07,819/-.

Thus, it is prayed that the present appeal may be dismissed.

Heard learned counsel for the parties and perused the award.

Admittedly, as per the guidelines of RALSA, the amount for

pains and sufferings should be at least Rs.19,260/- and a perusal

of the impugned award shows that the learned Tribunal has also

not awarded the amount towards loss of income for 33 days, the

period in which, the appellant remained hospitalized.

(3 of 3) [CMA-483/2016]

Therefore, the present appeal is disposed of and it is held

that the appellant is also entitle for a sum of Rs.9,260/- for pains

and suffering in addition to Rs.10,000/- already awarded by the

learned Tribunal and a sum of Rs.16,500/- towards loss of income

for 33 days. The total enhanced amount to the tune of

Rs.25,760/-(9260+16,500=25,760/-) is payable to the appellant

within a period of two months from the date of receiving the

certified copy of order instant alongwith interest at the rate of 6%

from the date of filing of the claim petition.

Record of the Tribunal be sent back forthwith.

(MADAN GOPAL VYAS),J 99-neha/-

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