Rajasthan High Court - Jodhpur
Chunnilal Alias Sunil vs Kaluram (2025:Rj-Jd:45756) on 16 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:45756]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2114/2024
Chunnilal @ Sunil S/o Aasuram, Aged About 17 Years, Minor
Through Natural Guardian Father Aasuram S/o Sh. Toliya, R/o
Thikariya Ward First, Gram Panchayat Kesarpura, Semliya, Dist.
Pratapgarh (Raj.)
----Appellant
Versus
1. Kaluram S/o Dhuliya, R/o Nayanwari, Ward No. 8, Tehsil
Peepalkhut, Dist. Pratapgarh (Raj.) (Driver)
2. Smt. Rami Devi W/o Kaluram, R/o Nayanwari, Ward No.
8, Tehsil Peepalkhut, Dist. Pratapgarh (Raj.) (Owner)
3. Cholamandalam Ms General Insurance Company Limited,
Through Divisional Manager, Divisional Office, Udaipur
(Raj.) (Insurance Co.)
----Respondents
For Appellant(s) : Mr. Ravi Panwar, Adv.
For Respondent(s) : Mr. Aditya Singhi, Adv. for Insurance
Company
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
16/10/2025
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 29.02.2024 passed by learned
Judge, Motor Accident Claim Tribunal, Pratapgarh (hereinafter
referred to as "the learned MACT/Tribunal") in MAC Case
No.63/2023, whereby the learned Tribunal partly allowed the claim
petition filed by the appellant/claimant and awarded a meager
compensation of Rs.5,79,967/-.
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 20.11.2022.
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It was averred that the accident occurred due to rash and
negligent driving of respondent No.1, Pick-up driver and the
appellant sought adequate compensation for the injuries.
In response, the respondent Nos.1 to 3 filed their 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 five issues including the relief.
In order to substantiate the averments made in the claim
petition, the claimant/appellant examined four witnesses including
himself and exhibited some documents. In defence, one witness
was produced and some documents were produced.
After hearing the arguments of the parties, the learned
Tribunal partly allowed the claim petition and awarded a meager
compensation of Rs.5,79,967/- in favour of the
appellant/claimant. Hence this civil misc. appeal for enhancement
of compensation.
While praying for enhancement, learned counsel for the
claimant/appellant submits that the learned Tribunal has erred in
not awarding compensation to the injured under the head of loss
of income due to 23% permanent disability. Further, the learned
Tribunal did not award any compensation for the period of
hospitalization of 60 days. It is therefore, prayed that the
impugned award may be modified and the amount of
compensation awarded by the Tribunal be enhanced suitably.
Per contra, learned counsel for the respondent No.3-
Insurance Company while vehemently opposing the prayer of the
appellant has submitted that amount granted by the Tribunal is
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fair and just. Therefore, no interference is required in the
impugned judgment and award.
Heard learned counsel for the appellant as well as learned
counsel for the respondents and perused the award impugned.
On perusal of the award, it appears that at the time of
accident, the age of the appellant was 16 years and he suffered
23% permanent disability in the accident. While awarding
compensation, the learned Tribunal did not award any amount to
the appellant under the head of loss of future income due to
permanent disability suffered by him. In the facts and
circumstances of the case, this Court deems it appropriate to
award adequate compensation under the head of loss of future
income while adding 40% future prospect.
The learned Tribunal also has not awarded any compensation
for the period of hospitalization for sixty days, which is also liable
to be awarded in the facts and circumstances of the case. Under
the other heads, the Tribunal has rightly awarded the
compensation.
Accordingly, the re-computation of the award shall be as
under:-
Notional Income : Rs.35,000
Permanent Disability : 23%
Rs.4500 for per percentage of permanent disability
Permanent Disability : Rs.1,03,500 (Rs.4500 X 23)
Future Prospect : Rs.55,400 (1,38,500 X 40%)
Total loss of future income : Rs.35,000 + 103,500 + 55,400
= Rs. 1,93,900/-
Hospitalization for sixty days (60 X 1300) : Rs.78,000/-
For Medical bills awarded by Tribunal : Rs.4,04,967/-
Other heads awarded by Tribunal : Rs.1,75,000/-
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Total amount of compensation comes to : Rs.8,51,867/-
Amount awarded by the Tribunal : Rs.5,79,967/-
Enhanced amount :
Rs. 8,51,867 - Rs.5,79,967 = Rs.2,71,900/- along with
interest @ 6% p.a. from the date of filing of claim petition
i.e. 05.04.2023 till its realization.
In view of the above, the amount of compensation awarded
by learned Tribunal is enhanced by Rs.2,71,900/- along with
interest @ 6% p.a. from the date of filing of claim petition i.e.
05.04.2023 till its realization.
Accordingly, the civil misc. appeal is partly allowed. The
amount of Rs.2,71,900/- (Two Lakhs Seventy One Thousand Nine
Hundred 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. 29.02.2024, within a period of four
weeks from today along with interest @ 6% p.m from the date of
filing of the claim petition i.e. 05.04.2023 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 claimant, detail of
which shall be furnished by the claimant before the Tribunal.
Pending applications, if any, also decided.
Record, if received, be sent back to the Tribunal forthwith.
(MANOJ KUMAR GARG),J
155-MS/-
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