Rajasthan High Court - Jodhpur
Mehram vs Jaan Mohammad And Ors. ... on 8 October, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:41205]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 817/2016
Mehram son of Pehrajram, Aged about 48 years, resident of
Dhadriya Kala, Tehsil Degana, District Nagaur.
----Appellant/Claimant
Versus
1. Jaan Mohammad s/o Mohammad hanif, R/o Mundva, Tehsil
and District Nagaur.
(Vehicle Driver of Truck No. RJ-21-GA-3364)
2. M/s Ratanlal and Company, Marwar Mundva through
Proprietor Bankatlal s/o Ratanlal, R/o Mundva, Tehsil and
District Nagaur.
(Reg. Vehicle Owner of Truck No. RJ-21-GA-3364)
3. National Insurance Company Limited through Branch
Manager Nagaur, Tehsil and District Nagaur, Rajasthan.
(Insurance Company of Truck No. RJ-21-GA-3364)
----Respondents/Non-Claimants
For Appellant(s) : Mr. Nirupam Gupta
For Respondent(s) : Mr. Kuldeep Vaishnav for Insurance
Company
HON'BLE DR. JUSTICE NUPUR BHATI
Order
08/10/2024
1. The appellant-claimant has preferred this appeal under
Section 173 of the Motor Vehicles Act being aggrieved of the
judgment-cum-award dated 12.01.2016 passed by the learned
Judge, MACT, Nagaur, in MAC No.02/2014 titled "Mehram Versus
Jaan Mohammad and Ors." whereby, the appellant was awarded
an amount of Rs.31,000/- along with interest 7.5% per annum
towards compensation owing to the injury to the appellant in a
road accident which took place on 03.03.2012, while fastening the
liability upon all the respondents.
[2024:RJ-JD:41205] (2 of 4) [CMA-817/2016]
2. Brief facts of the case are that on 03.03.2012 the appellant
was standing near the Nemaram Khati's shop at village Kuchera, a
truck bearing No.RJ-21-GA-3364 came in high speed and hit the
appellant, as a result of which, he fell down and his leg, head,
mouth and other parts got injured and made him permanently
disabled. Subsequently, an FIR was registered and challan was
filed.
3. On account of the injuries sustained by the appellant, he
claimed a compensation of Rs.13,01,500/- due to the injuries
sustained by him. The learned Tribunal after hearing the parties
awarded a sum of Rs.31,000/- along with interest 7.5% per
annum.
4. Thus being aggrieved of the meager amount of
compensation, the appellant-claimant has preferred this appeal
seeking enhancement of the award passed by the learned
Tribunal.
5. Learned counsel for the appellant submits that the appellant
has received nine injuries which are simple in nature and the
amount awarded by the learned Tribunal is on the lower side. He
also submits that the learned Tribunal has not awarded any
compensation towards loss of income incurred by the appellant-
claimant for the three days of hospitalization.
6. Per contra, learned counsel for the respondents submits that
the amount awarded by the learned Tribunal is true and correct
and does not deserve to be modified.
7. I have heard and considered the submissions advanced at
bar and have gone through the impugned award and the original
record.
[2024:RJ-JD:41205] (3 of 4) [CMA-817/2016]
8. Taking into consideration that the appellant-claimant has
suffered nine injuries and in view 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 award Rs.2,500/- for each simple injury suffered
by the appellant-claimant and Rs.700/- for each day when the
appellant-claimant remained hospitalized, on account of the said
accident considering his loss of income, the amount of
compensation towards the simple injuries suffered by the claimant
should be Rs.2500 x 9 =Rs.22,500/-, and Rs.700 x 3 = Rs.2100/-.
Thus, the award is modified as under :-
PARTICULARS Awarded by Enhanced/
learned Modified by
Tribunal this Court
Simple Injury Rs.9,000/- Rs.22,500/-
Loss of Income on account of Not awarded Rs.2100/-
Hospitalization for a period of 3
days
(Rs.700/- x 3)
Medical Expenses Rs.21,145/- Rs.21,145/-
Compensation towards special diet, Rs.600/- Rs.600/-
attendant charges
TOTAL Rs.30,745/- Rs.46,345/-
(Rounding
Off to
Rs.31,000/-)
ENHANCED AWARD (Rs.46,345/- minus Rs.15,345/-
Rs.31,000/-) (Rounding
Off to
Rs.15,600/-)
9. Thus, the present misc. appeal is partly allowed and the
appellant-claimant is entitled to get enhanced compensation of
Rs.15,600/-. The judgment-cum-award dated 12.01.2016 passed
[2024:RJ-JD:41205] (4 of 4) [CMA-817/2016]
by the learned Judge, MACT, Nagaur, in MAC No.02/2014, is
modified accordingly. The respondents/non-claimants are directed
to pay the said amount along with the interest, as awarded by
learned Tribunal from the date of filing of claim petition to the
appellant within a period of six weeks from the date of receipt of
certified copy of this judgment.
10. No order as to costs.
(DR. NUPUR BHATI),J
54-Ajay/-
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