Rajasthan High Court - Jodhpur
Bheru Lal vs Prakash (2024:Rj-Jd:36325) on 2 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:36325]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Misc. Appeal No. 3596/2019
Ram Lal S/o Shri Shankar Lal Ji, Aged About 40 Years, R/o
Bhimlod Post, Sadalkhera, Tehsil Bhadesar, District Chittorgarh.
----Appellant
Versus
1. Prakash S/o Sh. Lachi Ram Ji, Age Major, R/o Karunda,
Tehsil Choti Sadari, District Pratapgarh, Rajasthan.
(Driver Of Vehicle Maruti Van No. Rj-09-Ua-2536)
2. National Insurance Company Ltd., Through Its Branch
Manager, The National Insurance Co. Ltd., Under The
Meera Hotel, Railway Station Road, Chittorgarh
(Rajasthan) (Insurer Of Vehicle Maruti Van No. Rj-09-Ua-
2536)
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 3646/2019
Bheru Lal S/o Sh. Champa Lal Ji, Aged About 31 Years, R/o
Bhimlod Post, Sadalkhera, Tehsil Bhadesar, District Chittorgarh.
----Appellant
Versus
1. Prakash S/o Sh. Lachi Ram Ji, Aged Major, R/o Karunda,
Tehsil Choti Sadari, District Pratapgarh. Rajasthan (Driver
Of Vehicle Maruti Van No. Rj-09-Ua-2536)
2. National Insurance Company Ltd., Through Its Branch
Manager, The National Insurance Co. Ltd., Under The
Meera Hotel, Railway Station Road, Chittorgarh
(Rajasthan) (Insurer Of Vehicle Maruti Van No. Rj-09-Ua-
2536)
----Respondents
For Appellant(s) : Mr. D.S. Gaur for
appellants/claimants.
For Respondent(s) : Mr. T.R.S. Sodha for respondent-
Insurance Company
HON'BLE DR. JUSTICE NUPUR BHATI
Order
02/09/2024
1. By way of the present misc. appeals the appellants challenge
legality and validity of the judgment/award dated 05.04.2019
passed by the learned Judge, MACT, Chittorgarh in Claim Cases
Nos.223/2014 (Bherulal v. Prakash & Anr.) and No.224/2014
(Ramlal v. Prakash & Anr.), whereby quantum of compensation
was awarded in favour of the appellants.
[2024:RJ-JD:36325] (2 of 4) [CMA-3596/2019]
2. Succinctly stated facts of the case are that on 21.01.2014,
Bheru Lal and Ramlal were going on a motorcycle from Village
Chikarda to Village Bhimlod. At around 6.00 pm, when they
reached near Sadalkhera turn, the respondent No.1 driving the
van in a rash and negligent manner, hit the motorcycle and due to
which, both Bherul Lal and Ramlal received grievous injuries. FIR
No.11/2014 was lodged at Nikumbh Police Station District
Chittorgarh and after investigation, a charge-sheet came to be
filed against owner/driver-respondent No.1. A reply was filed on
behalf of the Insurance Company denying the averments made by
the claimants in the claim petition. As per pleadings, issues were
framed by the learned Tribunal and after hearing both the parties,
the learned Tribunal passed the award in favour of the appellants/
claimants and being dissatisfied from the award, the appellants
have preferred these misc. appeals.
3. Learned counsel for the appellants submits that the award
passed by the learned Tribunal towards pain and suffering and loss
of income suffered during the medical treatment, is slightly on a
lower side and thus, the same needs to be enhanced.
4. Per contra, learned counsel representing the respondent-
Insurance Company vehemently opposes the submissions
advanced by the appellants' counsel and prays for dismissal of
these appeals.
5. I have heard and considered the submissions advanced at
Bar and have carefully gone through the material available on
record.
6. Since, there is no dispute in the factual matrix of the case,
both the counsel were directed to jointly submit the calculation of
[2024:RJ-JD:36325] (3 of 4) [CMA-3596/2019]
the compensation awardable to the claimants afresh in light of the
guidelines laid down by the Hon'ble Supreme Court in the case of
National Insurance Company Limited v. Pranay Sethi & Ors.
[(2017)16 SCC 680]. The compensation is enhanced in the
following manner:-
SBCMA No.3596/2019 (Ram Lal Vs. Prakash & Anr.):-
Rs.25,000/- + Rs.4,000/- x 15% (permanent Rs.85,000/-
disability)
(Add) 20% Pain & Sufferings Rs.17,000/-
(Add) 8 days hospitalization (Rs.1,100 x 8) Rs.8,800/-
(Add) Medical Bills Rs.42,441/-
TOTAL Rs.1,53,241/-
(Less) Already awarded by the learned Tribunal Rs.1,23,000/-
GRAND TOTAL (enhanced amount) Rs.30,241/-
SBCMA No.3646/2019 (Bherulal Vs. Prakash & Anr.):-
Rs.25,000/- + Rs.5,000/- x 35% (permanent Rs.2,00,000/-
disability)
(Add) 25% Pain & Sufferings Rs.50,000/-
(Add) 19 days hospitalization (Rs.1,100/- x 19) Rs.20,900/-
(Add) Medical Bills Rs.92,054/-
TOTAL Rs.3,62,954/-
(Less) Already awarded by the learned Tribunal Rs.3,29,454/-
GRAND TOTAL (enhanced amount) Rs.33,500/-
7. As a consequence, these misc. appeals are partly allowed.
The amount of compensation payable to the claimants is further
enhanced by Rs.30,241/- (SBCMA No.3596/2019) and
Rs.33,500/- (SBCMA No.3646/2019) in the terms stated above.
The enhanced amount shall carry interest @ 6% per annum from
the date of filing of claim petition till the date of deposit. The
respondents are accordingly directed to deposit the said enhanced
compensation to the claimants in their savings bank account
[2024:RJ-JD:36325] (4 of 4) [CMA-3596/2019]
within a period of 'two months' from the date of receipt of certified
copy of this order failing which, the interest shall stand enhanced
@ 7.5% per annum.
8. No order as to costs.
(DR.NUPUR BHATI),J
65-66-/Devesh/-
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