Rajasthan High Court - Jodhpur
Lochan Das vs Mahesh Kumar (2025:Rj-Jd:45676) on 16 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:45676]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 762/2025
Lochan Das S/o Shri Bhagwan Das, Aged About 61 Years, R/o
Begun, Dist. Chittorgarh.
----Appellant
Versus
1. Mahesh Kumar S/o Shri Jamna Lal, R/o Chippa Mohalla,
Begu, Dist. Chittorgarh. (Owner And Driver Of Maruti Van
No. RJ 09 UA 6192)
2. National Insurance Company Limited, Through Divisional
Manager, Near Meera Hotel, Chittorgarh. (Insurance Co.
Of Maruti Van No. RJ 09 UA 6192)
----Respondents
For Appellant(s) : Mr. Manish Rajpurohit
For Respondent(s) : Mr. Leela Dhar Khatri
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
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 05.12.2024 passed by learned
Additional Sessions Judge, Begu, District Chittorgarh (hereinafter
referred to as "the learned MACT/Tribunal") in MAC Case
No.15/2022, whereby the learned Tribunal partly allowed the claim
petition filed by the appellant/claimant and awarded a meager
compensation of Rs.19,34,000/-.
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 28.04.2016.
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It was stated in the claim petition that on 28.04.2016, the
appellant along with relatives was returning to Begu after
attending a marriage function at Jaipur, in a Maruti van bearing
registration No.RJ-09-UA-6192. Next day, at about 5 AM the van
being driven by respondent No.1 while trying to overtake a trailer,
collided with it. As a result of which, the appellant and other
persons sustained multiple severe injuries. It was averred that the
accident occurred due to rash and negligent driving of respondent
No.1, driver of the van and the appellant sought adequate
compensation for the injuries.
In response, the respondent No.1/Owner & Driver of the
vehicle and respondent No.2/Insurance Company filed their
separate 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 four issues including the relief.
In order to substantiate the averments made in the claim
petition, the claimant/appellant examined himself and exhibited
some documents. In defence, one witness was examined 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.19,34,000/- 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 awarded
lower compensation under the head of hospitalization. It is
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therefore, prayed that the amount of compensation awarded by
the Tribunal may be enhanced adequately.
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.
As per schedule-II of Motor Vehicle Act, under the head of
hospitalization, the learned Tribunal has awarded a lesser amount,
which is also liable to be enhanced in the facts and circumstances
of the case. Accordingly, the re-computation of the hospitalization
expenditure shall be as under:-
Hospitalization = Rs.700/- X 58 days = Rs.40,600/-
Enhanced amount :
Rs.40,600/- along with interest @ 6% p.a. from the date of
filing of claim petition i.e. 06.12.2016 till the date of its
realization.
In view of the above, the amount of compensation awarded
by learned Tribunal is enhanced by Rs.40,600/- along with interest
@ 6% p.a. from the date of filing of claim petition i.e. 06.12.2016
till the date of its realization.
Accordingly, the civil misc. appeal is partly allowed. The
amount of Rs.40,600/- (Forty Thousand Six Hundred rupees only)
shall be paid by the Insurance Company to the appellant-claimant,
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in addition to the amount already awarded by the Tribunal vide
order dt. 05.12.2024, within a period of four weeks from today
along with interest @ 6% p.m. 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 application(s), if any, stands decided.
Record of the case, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
103-Rashi/-
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