Rajasthan High Court - Jodhpur
Raghunath Singh vs Jodha Ram And Ors. (2025:Rj-Jd:46281) on 27 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:46281]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1444/2006
Raghunath Singh S/o Shri Bheru Singh, Aged about 35 years,
B/c Rajput, R/o Verajetpura, Tehsil Shivganj, District Sirohi.
----Appellant
Versus
1. Jodha Ram S/o Shri Mana Ram, by caste Choudhary, R/o Near
Sukari Nadi, Kala Wala Bera, Pali, District Pali (Name deleted on
29.04.2005) (Driver)
2. Harvinder Singh S/o Shri Jagtar Singh, B/c Sikh, R/o C/o
Khalsa Motors, Station Road, Jodhpur. (Owner)
3. United India Insurance Co. Ltd. Through Divisional Manager,
LIC Building, Mandia Road, Pali Marwar (Insurer)
----Respondent
For Appellant(s) : Mr. Mudit Vaishnav
For Respondent(s) : Mr. Shubhankar Johari,
Mr. Lalit Parihar, Mr. Kamaljeet Meena
on behalf of Mr. Sanjeev Johari, Sr.
Advocate
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
27/10/2025
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 27.03.2006 passed by learned
Judge, Motor Accident Claim Tribunal Abu Road, District Sirohi
(hereinafter referred to as "the learned MACT/Tribunal") in MAC
Case No.39/2004 titled as "Raghunath Singh Vs. Jodha Ram &
Ors.", whereby the learned Tribunal partly allowed the claim
petition filed by the appellant/claimant and awarded a meager
compensation of Rs.1,10,000/-.
Brief facts of the case are that the appellant-claimant filed a
claim petition under Section 166 of MV Act before the learned
Tribunal stating that on 23.10.2003 appellant alongwith Jalam
Singh went to their house on the motorcycle. At that time a bus
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[2025:RJ-JD:46281] (2 of 3) [CMA-1444/2006]
bearing registration No.RJ-19-P-1740 driven by respondent No.1
rashly & negligently and hit the appellant. As a result of which,
appellant sustained multiple severe injuries.
In response, the respondent No.2 (driver) not filed any reply
and hence, ex-parte proceedings were initiated against him. On
the other hand, respondent No.3/Insurance Company filed 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 seven issues including the relief.
In order to substantiate the averments made in the claim
petition, the claimant/appellant examined two witnesses and
exhibited some documents.
After hearing the arguments of the parties, the learned
Tribunal partly allowed the claim petitioner and awarded a meager
compensation of Rs.1,10,000/- 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 disability. It is 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.
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[2025:RJ-JD:46281] (3 of 3) [CMA-1444/2006]
Heard learned counsel for the appellant as well as learned
counsel for the respondent-Insurance Company and perused the
award impugned.
As per schedule-II of Motor Vehicle Act, under the head of
disability, the learned Tribunal has awarded a lesser amount,
which is also liable to be enhanced in the facts and circumstances
of the case.
In view of the above, the amount of compensation awarded
by learned Tribunal is enhanced by Rs.1,22,000/- (as per latest
RALSA guidelines) along with interest @ 6% p.a. from the date of
filing of claim petition i.e. 20.04.2004 till the date of its
realization.
Accordingly, the civil misc. appeal is partly allowed. The
amount of Rs.1,22,000/- (One Lac & Twenty-Two Thousand 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. 27.03.2006, 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
132-Ishan/-
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