Rajasthan High Court - Jodhpur
Mishri Lal vs Mohan Singh And Ors. ... on 15 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:45350]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 226/2014
Mishri Lal S/o Setaram, aged about 32 years, R/o Hemawas,
Tehsil Pali, District Pali, Rajasthan
----Appellant
Versus
1. Mohan Singh S/o Udai Singh, R/o 634, Rajendra Nagar
Vistar, Pali, Tehsil Pali, District Pali. (Driver of Car No.RJ-16-
CA-1001)
2. Smt. Samandar Kanwar W/o Shri Chhail Singh & Smt.
Manjula W/o Shri Manohar Lalji, Partners of M/s. Raj Shri
Stone Crasher, Maliyon Ka Chohata, Bhinmal, District
Jalore. (Owner of Car No.RJ-16-CA-1001)
3. Bhupendra Kumar S/o Hapuramji, R/o Rendadi, Tehsil
Sojat, Presently R/o Gurlai Marg, Mandiya Road, Pali, Tehsil
Pali, District Pali. (Power of Attorney Holder of Owner of Car
No. RJ-16-CA-1001)
4. Cholamandalam MS General Insurance Co. Ltd.,
Regd. & Head Officer: "Date House", 2 nd
Floor, NSC Bose
Road, Chennai- 600 001, India. (Insurance Co. of Car No.
RJ-16-CA-1001)
----Respondent
For Appellant(s) : Mr. Ravi Panwar
For Respondent(s) : Mr. Aditya Singhi
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
15/10/2025
Instant misc. appeal has been filed by the appellant-claimant
under Section 173 of the Motor Vehicles Act, 1988, assailing the
impugned judgment & award dated 14.09.2012 passed by learned
Judge, Motor Accident Claim Tribunal, Pali (hereinafter referred to
as "the learned MACT/Tribunal") in MAC Case No.221/2011,
whereby the learned Tribunal partly allowed the claim petition filed
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[2025:RJ-JD:45350] (2 of 4) [CMA-226/2014]
by the appellant/claimant and awarded a meager compensation of
Rs.27,000/-.
Brief facts of the case are that the appellant-complainant
filed a claim petition under Section 166 of MV Act before the
learned Tribunal seeking compensation for the injuries sustained
by him due to a motor vehicular accident occurred on 12.02.2011.
It was stated in the claim petition that on 12.02.2011, when the
appellant along with one Babulal was returning to their village
from Sonaimanjhi on motorcycle No. RJ-22-5M-6262, at that time,
a car bearing No.RJ-16-CA-1001 came and hit the motorcycle of
the appellant. As a result of which, the appellant and Babulal fell
down and sustained multiple severe injuries. It was averred that
the accident occurred due to rash and negligent driving of
respondent No.1, car driver and the appellant sought adequate
compensation for the injuries.
In response, the respondent No.4/Insurance Company filed
its reply to the claim petition, denying the averments of the claim
petition.
Thereafter, on the basis of the pleadings of the parties, the
learned Tribunal framed three issues including the relief.
In order to substantiate the averments made in the claim
petition, the claimant/appellant examined himself as A.W.-1 and
exhibited some documents. In defence, no oral and documentary
evidence was produced.
After hearing the arguments of the parties, the learned
Tribunal partly allowed the claim petition and awarded a meager
compensation of Rs.27,000/- in favour of the appellant/claimant.
Hence this civil misc. appeal for enhancement of compensation.
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[2025:RJ-JD:45350] (3 of 4) [CMA-226/2014]
While praying for enhancement, learned counsel for the
claimant/appellant submits that the learned Tribunal has erred in
awarding less compensation under the head of pain and suffering
and for the period of hospitalization of ten days. It is therefore,
prayed that the amount of compensation awarded by the Tribunal
may be enhanced adequately under the aforesaid heads.
Per contra, learned counsel for the respondent-Insurance
Company while vehemently opposing the prayer of the appellant
has submitted that amount granted by the Tribunal is fair and just.
Therefore, no interference is required in the impugned judgment
and award.
Heard learned counsel for the appellants as well as learned
counsel for the respondents and perused the award impugned.
On perusal of the impugned award, it appears that the
learned Tribunal has rightly awarded Rs.3,000/- for the simple
injuries and Rs.16,378/- for medical expenses. However, the
learned Tribunal has committed error in awarding lesser amount of
compensation to the appellant for the period of hospitalization of
ten days and under the head of pain, which are liable to be
enhanced in the facts and circumstances of the case. Accordingly,
the re-computation of the award shall be as under:-
For simple injuries : Rs.3,000/-
For medical expenses : Rs.16,378/-
For period of hospitalization : Rs.25,000/-
For pain and suffering : Rs.20,000/-
Total amount of compensation come to Rs. 64,378/-
Amount awarded by the Tribunal : Rs.27,000/-
Enhanced amount :
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[2025:RJ-JD:45350] (4 of 4) [CMA-226/2014]
Rs.64,378 - Rs.27,000 = Rs.37,378/- along with interest @
6% p.a. from the date of filing of claim petition till its
realization.
In view of the above, the amount of compensation awarded
by learned Tribunal is enhanced by Rs.37,378/- along with interest
@ 6% p.a. from the date of filing of claim petition till its
realization.
Accordingly, the civil misc. appeal is partly allowed. The
amount of Rs.37,378/- (Thirty Seven Thousand Three Hundred
Seventy Eight rupees only) shall be paid by the Insurance
Company to the appellant-claimant, in addition to the amount
already awarded by the Tribunal vide order dt. 14.09.2012, within
a period of four weeks from today along with interest @ 6% p.m.
from the date of filing of claim petition till its realization. If the
enhanced amount is not paid within the stipulated period, the
claimant-appellant shall be entitled to an interest @ 7% p.a on the
said amount. The amount so deposited by the Insurance Company
shall be deposited in the Saving Account of the claimants, detail of
which shall be furnished by the claimants before the Tribunal.
Pending applications, if any, also decided.
(MANOJ KUMAR GARG),J
180-GKaviya/-
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