Rajasthan High Court - Jodhpur
Kishore Singh vs Fataram (2024:Rj-Jd:36710) on 3 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:36710]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 217/2022
Kishore Singh S/o Bhanwar Singh Rajput, Aged About 28 Years,
Rajputon Ki Dhani, Sabarsar, Tehsil Shergarh, District Jodhpur
----Appellant
Versus
1. Fataram S/o Khemaram, Tehsil Balesar, District Jodhpur
2. New India Insurance Company Limited, 196 Ss Tower
First Floor, Near Akhaliya Chouraha, Jodhpur
3. Hanuman Ram S/o Ramuram, Bamlu, District Bikaner
4. United India Insurance Company Limited, Micro Office-S-
9, Ganganagar Road, Beechhwal, Bikaner Through Branch
Manager
----Respondents
For Appellant(s) : Mr. Narpat Ram.
For Respondent(s) : Mr. D.K. Joshi.
Mr. A.K. Dadhich.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
03/09/2024
1. The instant misc. appeal has been filed by the
appellant/claimant under Section 173 of the Motor Vehicle Act,
1988 ('the Act of 1988') against the judgment and award dated
05.10.2021 passed by learned Judge, Motor Accident Claims
Tribunal-I, Jodhpur in Claim Case No.20/2017, whereby the
learned Tribunal has awarded a sum of Rs.1,11,278/- as
compensation to the appellant/claimant.
2. Brief facts of the case are that the appellant, Kishore Singh,
filed a claim petition under Section 163-A of the Motor Vehicles
Act, 1988, before the MAC Tribunal-I, Jodhpur, seeking
[2024:RJ-JD:36710] (2 of 5) [CMA-217/2022]
compensation of Rs. 24,38,200/- with interest. The petition arose
from an accident on 14.05.2016, involving a collision between a
loading truck (RJ-07-GC-4267), driven by Farsaram from Rajkot,
Gujarat, and another truck (RJ-14-GA-4052) near Dechu Bus
Stand. The collision resulted in substantial damage to both
vehicles and injuries to the appellant, rendering him physically
disabled and unable to work as before.
3. Ex-parte proceedings were initiated against respondents No.
1 and 3.
4. Respondent No. 2 - United India Insurance Co., contested
the claim, alleging that the appellant's negligent driving caused
the accident, thus negating their liability.
5. The Tribunal framed four issues to determine the claim,
during which A.W.1 Kishore Singh was examined, and 135
documents were presented as evidence and after hearing the
parties, the Tribunal has passed the award dated 05.10.2021
awarding Rs.1,11,278/- to the appellant/claimant.
6. Learned counsel for the appellant by way of filing the present
appeal submits that even assuming, without conceding, that the
appellant was able to continue his work initially, the incident has
left him with a permanent physical disability, as clearly evidenced
by Exhibit-29-A. This disability has deprived him of every source
of income. The appellant's injuries have led to substantial physical
disability, resulting in significant medical expenses and a lifetime
of suffering, compounded by the loss of his livelihood. Despite the
submission of a permanent disability certificate, the learned
Tribunal, without proper consideration, has awarded a grossly
inadequate sum of Rs. 1,11,278/-.
[2024:RJ-JD:36710] (3 of 5) [CMA-217/2022]
7. Learned counsel for the appellant further submits that the
learned Tribunal erred in awarding hospitalization charges for only
three days, whereas the appellant was hospitalized for a total of
13 days due to the severe injuries sustained in the accident. The
appellant's medical records and hospitalization bills, which are
already on record, clearly substantiate the 13-day hospitalization
period.
8. In addition to above, he also submits that the Tribunal has
failed to grant compensation under the head of grievous injury,
despite the appellant suffering a fracture and diffuse axonal injury.
These injuries are serious and have significantly impacted the
appellant's health and ability to work. Therefore, it is respectfully
prayed that the awarded compensation be revised to accurately
reflect the full 13 days of hospitalization charges and that an
additional sum of Rs. 15,000/- & 25% of the medical bills, as the
appellant has suffered disability, (as per RALSA guidelines) be
awarded under the head of grievous injury to ensure fair and just
recompense for the severe injuries and suffering endured by the
appellant.
9. The respondents submit that the Tribunal rightly awarded
hospitalization charges for only three days, as the appellant failed
to provide sufficient evidence to substantiate a 13-day
hospitalization claim. The appellant's demand for additional
compensation for grievous injury, including a fracture and diffuse
axonal injury, is also unfounded and unsupported by credible
medical evidence. The requested sum of Rs. 15,000/- under the
head of grievous injury lacks justification based on the records.
The current award is adequate and commensurate with the
[2024:RJ-JD:36710] (4 of 5) [CMA-217/2022]
injuries proven. Therefore, the respondents respectfully request
that the Tribunal's award be upheld and the appellant's plea for
enhanced compensation be dismissed.
10. After carefully considering the submissions of both parties
and reviewing the evidence presented, the Court finds merit in the
appellant's claims. The appellant is entitled to hospitalization
charges for the full 13 days (Rs.1100/- per day), amounting to Rs.
14,300/-. Additionally, considering the severity of the injuries
sustained, the Court grants Rs. 15,000/- under the head of
grievous injury. Furthermore, the appellant is awarded an
additional 25% of the medical bills, totaling Rs. 7,325/-.
11. The learned Tribunal had previously granted Rs. 1,11,278/-
as compensation. The enhanced amounts awarded by this Court
are as follows:
Particulars Amount granted
Medical Bills [A] Rs. 1,04,778/-
Hospitalization for 13 days Rs. 14,300/-
[Rs. 500/- for loss of income for each
day hospitalized and Rs. 600/- per day
on account of being hospitalized, i.e.
(600x13)+ (500x13) [B]
Compensation for the fracture suffered Rs. 15,000/-
[C]
Compensation towards Pain and 25% of [B+C]
Sufferings, i.e. 25% of the total award
= 25% of 29,300/-
(excluding medical bills/medical
expenses), when the age of the appellant/ =7,325/-
claimant is 28 years [D]
Total Compensation [A+B+C+D] Rs. 1,41,403/-
Amount awarded by the learned Tribunal Rs. 1,11,278/-
Enhanced Amount Rs. 30,125/-
12. In conclusion, the appellant is entitled to an enhanced
compensation of Rs.30,125/-. The enhanced amount shall carry
interest @ 6% p.a. from the date of filing of claim petition till the
[2024:RJ-JD:36710] (5 of 5) [CMA-217/2022]
date of deposition. The enhanced amount shall be deposited by
the respondents with the Tribunal within a period of two months
from the date of receipt of certified copy of this judgment, failing
which the interest shall stand enhanced to 7.5% p.a. from the
date of this judgment till actual realization. The Tribunal's award is
hereby modified accordingly. Any amount already paid by the
respondents shall be adjusted towards the amount finally awarded
by this Court.
13. The Misc. Appeal is allowed in part. All pending stand
disposed of.
(DR. NUPUR BHATI),J
180-/Pradeep/-
Powered by TCPDF (www.tcpdf.org)
