Rajasthan High Court - Jodhpur
Sunil Kumar vs Harjindra Singh (2025:Rj-Jd:46627) on 29 October, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:46627]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 515/2020
Sunil Kumar S/o Shri Ramgopal, Aged About 29 Years, R/o
Village Thirajwala, Tehsil Pilibanga, District Hanumangarh At
Present Lakhasar, (9 LKS), Tehsil-Pilibanga, District
Hanumangarh.
----Appellant
Versus
1. Harjindra Singh S/o Santokh Singh, R/o 11 P.S. Police
Station Raisinghnagar, Tehsil Raisinghnagar, District Sri
Ganganagar. (Car Driver)
2. Satnam Singh S/o Shri Bhagat Singh, R/o 22 P.S. Tehsil
Raisinghnagar, District Sri Ganganagar. (Car Owner)
3. The Oriental Insurance Company Limited, Branch
Anupgarh, District Sri Ganganagar.
----Respondents
For Appellant(s) : Mr. Suryadeep Bishnoi
For Respondent(s) : Mr. UCS Singvi
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
29/10/2025
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 13.12.2019 passed by learned
Judge, Motor Accident Claim Tribunal, Hanumangarh (hereinafter
referred to as "the learned MACT/Tribunal") in MAC Case
No.123/2017, whereby the learned Tribunal partly allowed the
claim petition filed by the appellant/claimant and awarded a
meager compensation of Rs.2,51,774/-.
Brief facts of the case are that the appellant-complainant
filed a claim petition under Section 166 of MV Act before the
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learned Tribunal seeking compensation for the injuries sustained
by him due to a motor vehicular accident occurred on 16.03.2014.
It was stated in the claim petition that on 16.03.2014, the
appellant along with his cousin Pawan Kumar was going to
Raisinghnagar from his Village Lakhasar on motorcycle No. RJ-13-
SF-0254, at that time, a car bearing No.HR-51-Y-0702 came and
hit the appellant. As a result of which, the appellant and his cousin
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 Nos.1 to 3 have 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 produced Sunil Kumar, who was
examined as A.W.-1 and exhibited some documents. In defence,
one witness was produced by the respondents, namely Sanjeet
Ghodela, who was examined as NAW-1 and exhibited some
documents.
After hearing the arguments of the parties, the learned
Tribunal partly allowed the claim petition and awarded a meager
compensation of Rs.2,51,774/- in favour of the
appellant/claimant. Hence this civil misc. appeal for enhancement
of compensation.
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While praying for enhancement, learned counsel for the
claimants/appellants submits that the learned Tribunal has erred
in considering the monthly income of the injured as Rs.6,000/- per
month, whereas the monthly income of the injured shall be
calculated with 40% future loss which is equal to Rs.8400/-.
Counsel 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.
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.50,414/- for medical
expenses and Rs.30,000/- for medical expenses. However, the
learned Tribunal has committed error in awarding lesser amount of
compensation to the appellant under the head of monthly income
and disability, 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:-
Income : Rs.8,400/- (per month)
Multiplier : 17
Disability : 40%
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Calculation: 8400 X 12 X 17 X 40/100= Rs.6,85,440/-
Pain and Suffering = Rs.30,000/-
Medical Bills = Rs.50,414/-
Total amount of compensation : Rs.7,65,854/-
Amount awarded by the Tribunal : Rs.2,51,774/-
Enhanced amount : Rs.5,14,080/-
Rs.7,65,854-Rs.2,51,774/- = Rs.5,14,080/- along with
interest @ 9% p.a. from the date 22.09.2017 till the date of
this order.
In view of the above, the amount of compensation awarded
by learned Tribunal is enhanced by Rs.5,14,080/- along with
interest @ 9% 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.5,14,080/- (Five Lakh Fourteen Thousand Eighty
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. 13.12.2019, within a period of four
weeks from today along with interest @ 9% 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
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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.
Record, if received, be sent back immediately.
(MANOJ KUMAR GARG),J
154-GKaviya/-
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