Rajasthan High Court - Jodhpur
Gopal vs Hamendra Singh And Ors. ... on 7 October, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:40891]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1983/2012
Gopal Sharma s/o Shri Murlidhar Ji, aged 25 years, r/o Narayan
Colony, Nayapura, Mandore Road, Jodhpur.
----Appellant
Versus
1. Hamendra Singh s/o Shri Narayanshingh, r/o 6-A-High
Court Colony, Ratanada, Jodhpur (Driver of the vehicle
No.RJ-19/2-C-3288).
2. Jaisingh Chouhan s/o Shri Chhogsingh, r/o House No.11-
12, Suraj Nagar, near 18-E, Choupasni Housing Board,
Johdpur (Owner of vehicle No.RJ-19/2-C-3288).
3. National Insurance Company Ltd. through Regional
Manager, Residency Road, Jodhpur (Insurer of the vehicle
No.RJ-19/2-C-3288).
----Respondents
For Appellant(s) : Mr. Girish Sharda for the claimant
For Respondent(s) : Mr. T.R.S. Sodha for the insurance
company
HON'BLE DR. JUSTICE NUPUR BHATI
Order
07/10/2024
1. The instant misc. appeal has been filed by the appellant
under Section 173 of the Motor Vehicles Act, 1988 ['the Act of
1988'] challenging the legality and validity of the judgment/award
dated 07.05.2012 passed by the learned Judge, MACT No.1,
Jodhpur in MAC Case No.340/2007 whereby the learned Tribunal
partly allowed the claim petition of the claimants and awarded
Rs.42,699/- as an amount of compensation with interest @ 8.5%
per annum while holding respondents liable to pay the same
jointly and severally.
2. Brief facts of the case are that on 28.02.2007, at around
11.30 pm, when the appellant was returning to his home on his
[2024:RJ-JD:40891] (2 of 3) [CMA-1983/2012]
motorcycle after his working hours, near railway reservation
office, a car bearing registration No.RJ-19/2-C-3288, driven in a
rash and negligent manner, hit the appellant's motorcycle and as a
result whereof, he received simple and grievous injuries.
3. Learned counsel for the appellant/claimant submits that the
quantum of compensation awarded by the learned Tribunal under
the heads; simple and grievous injuries and hospitalization, is on a
lower side and thus, the same needs to be enhanced.
4. Per contra, learned counsel representing the respondent-
insurance company opposes the submissions made by appellant's
counsel and submits that the quantum of compensation awarded
by the learned Tribunal, is correct and thus, the same calls for no
interference.
5. I have heard and considered the submissions advanced at
Bar and have gone through the material available on record.
6. In light of judgment passed by the Hon'ble Apex Court in the
case of Sidram Vs. The Divisional Manager, United India
Insurance Company Ltd & Anr: (Civil Appeal No.8510 of
2022) decided on 16.11.2022, this Court deems it just to
enhance amount of compensation towards simple and grievous
injuries suffered by the claimant and towards period of
hospitalization.
6. Since there is no dispute on the factual matrix of the case,
this Court, after arriving at a conclusion that the award passed by
the learned Tribunal deserves to be modified, directed both the
counsel to jointly submit the calculation of the compensation
awardable to the claimant, which they have furnished before this
Court in a tabular form as below:
[2024:RJ-JD:40891] (3 of 3) [CMA-1983/2012]
PARTICULARS Awarded by Enhanced/
learned Modified by
Tribunal this Court
Simple Injury Rs.1,000/- Rs.3,500/-
Grievous Injury (fractured Fibula) Rs.15,000/- Rs.35,000/-
Hospitalization for a period of 12 Rs.6,000/- Rs.13,200/-
days
(Rs.1,100/- x 12)
Medical Expenses Rs.10,699/- Nil
Pain & Sufferings Rs.10,000/- Nil
TOTAL Rs.42,699/- Rs.72,399/-
ENHANCED AWARD (Rs.72,399/- minus Rs.29,700/-
Rs.42,699/-)
7. Accordingly, this misc. appeal preferred by the
appellant/claimant is partly allowed. The judgment/award dated
07.05.2012 passed by the learned Tribunal in MAC Case
No.340/2007, is enhanced and modified in the terms stated
above. The appellant/claimant is thus, held entitled to get
enhanced compensation of Rs.29,700/- in accordance with the
directions given by the learned Tribunal. The enhanced amount
shall carry interest as awarded by the learned Tribunal from the
date of filing of claim petition i.e. 18.05.2007 till the date of
deposit.
8. No order as to costs.
(DR. NUPUR BHATI),J
24-/Devesh Thanvi/-
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