Rajasthan High Court
New India Assurance Co Ltd vs Raman Lal Gurjar And Others on 13 March, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:12443]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 5496/2009
The New India Assurance Company Limited, through its Jaipur
Regional Office: 330000, 2nd Floor, Nehru Place, Tonk Road,
Jaipur (Raj.)- 302015
--Appellant/Non-Claimant No.3/Insurer of Jeep No. RJ-29/UA-
0137
Versus
1. Raman Lal Gurjar S/o Radhey Shyam aged 41 years, R/o
Village Paota, P.S. Salempur, Tehsil Mahuwa, District Dausa
---Respondent/Claimant
2. Nannu Ram S/o Pyare Lal, aged 55 years R/o Shri Mahaveerji
P.S. Shri Mahaveer Ji, Tehsil, Hindaun, District Karauli
--Respondent/Non-Claimant No.1/Driver of Jeep No. RJ-29/UA-
3. Chet Ram Meena S/o Johari Lal Meena, aged 33 years, R.o
Amarpur, P.S. Raini, Tehsil Laxmangarh, District Alwar
--Respondent/Non-Claimant No.2/Owner of Jeep No. RJ-29/UA-
----Respondent
For Appellant(s) : Mr. Sanjay Kumar Singhal
For Respondent(s) : Mr. Virendra Agarwal with
Mr. Atul Maheshwari
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT :: 13/03/2024
The present appeal under Section 173 of the Motor Vehicle
Act, 1988 has been preferred by the appellant-insurance company
(for short 'the insurance company') against the judgment and
award dated 22.10.2009 passed by the Motor Accident Claims
Tribunal, Mahuwa, District Dausa (for short 'the Tribunal') in claim
case No.58/2009(116/06), whereby the Tribunal has awarded a
[2024:RJ-JP:12443] (2 of 3) [CMA-5496/2009]
sum of Rs.15,68,626/- along with interest @ 6% per annum from
the date of filing the claim petition in favour of the respondent-
claimant (for short 'the claimant).
Learned counsel for the Insurance Company submits that
while allowing the claim petition filed by the claimant the Tribunal
has not appreciated the evidence led by the claimant in right
perspective. Learned counsel for the Insurance Company submits
that at the time of accident, the claimant's monthly income was
Rs. 9,253/- but Tribunal awarded Rs. 14,49,019/- as
compensation towards loss of income. Learned counsel for the
Insurance Company further submits that due to accident neither
the claimant was removed from service, nor his salary was
reduced. So, the Tribunal has wrongly awarded Rs. 14,49,019/- as
compensation towards loss of income. So, judgment and award of
the Tribunal may be modified accordingly.
Learned counsel for the Insurance Company has placed
reliance on the judgment passed by the Hon'ble Apex Court in the
case of R.V. Raveendran and H.L. Gokhale Raj Kumar Vs.
Ajay Kumar and Anr., reported in 2011 0ACJ 1.
Learned counsel for the claimant submits that the Tribunal
has rightly awarded Rs. 14,49,019/- as compensation under the
head of loss of income viz-a-viz 87.34% permanent disability
because the Tribunal did not award any amount towards pain and
suffering and replacement of limb. In the said accident, his leg
was amputated. So, the appeal filed by the Insurance Company be
dismissed.
Learned counsel for the claimant has placed reliance on the
judgment passed by the Hon'ble Apex Court in the case of Rajeev
[2024:RJ-JP:12443] (3 of 3) [CMA-5496/2009]
Sharma Vs. Jogendra Singh, in SLP No. 20629/2019 decided on
13.10.2022, judgment passed by this Court in the case of
Rajendra Singh Vs. Kailash Chand Garg in SB Civil Misc.
Appeal No. 380/2018 decided on 17.09.2019 and the judgment
passed by this Court in the case of Hansraj Vs. Amit Kumar
Saxena in SB Civil Misc. Appeal No. 4509/2018 decided on
12.04.2019.
I have considered the arguments advanced by learned
counsel for the Insurance Company as well as learned counsel for
the claimant.
It is an admitted position that due to accident claimant did
not suffer any loss towards his income. So, in my considered
opinion the Tribunal has wrongly awarded Rs. 14,49,019/- as
compensation under the head of loss of income but due to
amputation claimant had suffered 87.34% permanent disability.
So, under the head of pain and suffering, claimant is entitled to
get Rs. 10 Lakhs and Rs. 5,50,346/- under the head of medical
expenses and for replacement of limb. Rest amount of Rs.
18,280/- as awarded by the Tribunal towards transportation
expenses shall remain unchanged. Thus, in my view, the Tribunal
has rightly awarded Rs. 15,68,626/- as compensation. So, the
present appeal filed by the Insurance Company being devoid of
merit, is liable to be dismissed, which stands dismissed
accordingly.
Pending application(s), if any, stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Ritu/310
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