Rajasthan High Court - Jodhpur
Prem Bhati vs Saleem Kathat (2024:Rj-Jd:38367) on 17 September, 2024
Author: Madan Gopal Vyas
Bench: Madan Gopal Vyas
[2024:RJ-JD:38367]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 163/2019
Prem Bhati S/o Shri Ganesh Raj, Aged About 21 Years, R/o
Sunaro Ka Mohalla, Merta City, Tehsil Merta, District Nagaur.
----Appellant
Versus
1. Saleem Kathat S/o Anwar Kathat, R/o Meda Ka Badiya,
Beawar Police Station, District Ajmer (Driver Of Vehicle)
2. Prahlad Kumar S/o Mohan Lal, R/o Ratunda, Hanuman
Nagar Police Station, Bhilwara, District Bhilwara.
(Attorney Holder Of Vehicle)
3. Mr Rubin Kala, HUF Of Shri Arihant Roadways Transport
Company, Ramdev Parking, Main Road, Chanderia,
District Chittorgarh (Owner Of Vehicle)
4. The National Insurance Company Limited, Divisional
Office At Patwari Bhawan, Kachhari Road, Ajmer. (Insurer
Of Vehicle)
----Respondents
For Appellant(s) : Mr. Narpat Ram Khileri
For Respondent(s) : Mr. Santosh Choudhary
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
17/09/2024
The instant civil miscellaneous appeal under Section 173,
Motor Vehicles Act is directed against the judgment and award
dated 20.09.2018 passed by the learned Motor Accident Claims
Tribunal, Merta (hereinafter referred to as the learned Tribunal) in
Claim Case No. 29/2018 whereby the claim application filed by the
claimant-appellant under Section 166 of the Motor Vehicles Act
was allowed in part and compensation to the tune of Rs. 68,468/-
with interest @ 8% per annum was granted.
2. Learned counsel for the appellant-claimant submits that the
learned Tribunal has grossly erred in awarding a meager
[2024:RJ-JD:38367] (2 of 3) [CMA-163/2019]
compensation of Rs. 68,468/-. It is further submitted that the
learned Tribunal has failed to consider the evidence available on
record with respect to the intensive hospitalization of the claimant.
It is submitted that the claimant underwent hospitalization and a
huge amount of money was spent on the same. It is further
submitted that no compensation under the head of "Pain and
Suffering" was granted to the claimant. Thus, it is prayed that the
award passed by the learned Tribunal be modified suitably and the
compensation be enhanced.
3. Per contra, learned counsel representing the respondent no.
4-Insurance Company opposes the prayer of enhancement of
award amount made by learned counsel for appellant and submits
that the award passed by the learned Tribunal is just and proper
and no interference is called for.
4. Heard learned counsel for the parties and perused the
material available on record.
5. A bare perusal of judgment and award dated 20.09.2018
shows that the learned Tribunal has awarded compensation of Rs.
3000/- under the head of hospitalization expenses. Further, Rs.
22,968/- have been granted as compensation for medical bills. Rs.
42,500/- have been granted as compensation for injuries suffered
by the claimant.
6. After hearing learned counsel for the parties and looking to
the facts and circumstances of the case, in my considered opinion,
it is a fit case for enhancement of the compensation. The
[2024:RJ-JD:38367] (3 of 3) [CMA-163/2019]
enhanced amount of compensation is as enumerated in the
tabular form below:
Total
Hospitalization Expenses (A) Rs.1100 x 5 Rs. 5500/-
Medical Bills (B) Rs. 22,968/-
Injuries-Simple and Grievous (C) Rs.2500x5 Rs. 42,500/-
+Rs.15,000x2
Pain and Suffering (D) Rs. 16,500/-
Total compensation awardable Rs. 87,468/-
(E)=A+B+C+D
Compensation already awarded Rs. 68,468/-
(F)
Enhanced Compensation (E-F) Rs. 19000/-
7. Consequently, the present appeal is allowed. The impugned
judgment and award dated 20.09.2018 passed by the learned
Tribunal is modified and the appellant-claimant is held entitled to
an additional enhanced compensation of Rs. 19,000/- at the rate
of 6% per annum from the date of filing of the claim petition. The
respondent-Insurance Company is directed to pay the amount to
the appellant-claimant within two months from the date of the
order instant.
8. No order as to costs.
(MADAN GOPAL VYAS),J
118-CPG/-
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