Rajasthan High Court - Jodhpur
Dewaram vs Sherkhan (2025:Rj-Jd:39734) on 8 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:39734]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 439/2004
LR's of Dewaram S/o Shri Daduji
1. Omi Bai W/o Daduji, aged 80 years,
2. Bhanwari Devi Wd/o. Late Dewa Ram, aged36 years,
3. Manisha D/o Late Dewa Ram, aged 10 years (minor) through
her mother and natural guardian Smt. Bhanwari Devi.
4. Krishna D/o Late Dewa Ram, aged 7 years (minor) through
her mother and natural guardian Smt. Bhanwari Devi
All Residence of Village Chhoda, Tehsil Desuri, District Pali
(Raj.)
----Appellant
Versus
1. Sherkhan S/o Sarbar Khan aged 33 years, by caste
Musalman, R/o.Rotelav Chauraya, Desuri, District Pali (Pali).
Jeep Driver
2. Harshing Champawat, Managing Director, Mark Leasing and
Finance Limited, I.Z.S., B.J.S. Colony, Jodhpur (Raj.)
Jeep Driver
3. The Divisional Manager, United India Insurance Company
Limited, Pali Marwar, District Pali (Raj.).
Insurance Company
----Respondent
For Appellant(s) : Mr. Rishabh Shrimali
For Respondent(s) : None
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
08/09/2025
1. Heard learned counsel for the appellants.
2. The present appeal has been filed by Dewaram for
enhancement of the award passed in the judgment and award
dated 02.04.2003 by learned Motor Accident Claims Tribunal, Bali
(hereinafter referred to as 'the Tribunal') in MACT Case No.15 of
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2000, whereby, the claim petition filed by the claimant-appellant
Dewaram has been allowed and an amount of Rs. 1,15,800/- has
been awarded as compensation on account of injuries suffered by
the Dewaram in the accident which occurred on 16.12.1999.
During the pendency of the appeal, the appellant Dewaram has
died and his legal heirs were taken on record.
3. Learned counsel for the appellant submits that the appellant-
Dewaram sustained injuries in the accident which occurred on
16.12.1999 near Narlai. He submits that in the accident, Dewaram
sustained a number of injuries for which he was taken to the
hospital for treatment. He submits that Dewaram preferred a
claim petition before learned Tribunal against the respondents for
compensation to be awarded on account of the injuries sustained
by him in the accident. He submits that learned Tribunal, after
framing the issues and evaluating the evidence on record, allowed
the claim petition of Dewaram and awarded a sum of
Rs.1,15,800/-. He submits that the amount awarded by learned
Tribunal is too meager and, therefore, the same is required to be
enhanced suitably. He submits that Dewaram is working as a
Diamond Polisher in a Private Concern at Bombay. Learned
counsel submits that Dewaram was 28 years old at the time of
accident. He submits that though the factum of accident has not
been disputed before learned Tribunal, however, the award of
compensation is required to be re-computed in light of the RALSA
Guidelines, 2024. He, therefore, prays that the compensation
awarded by learned Tribunal may be suitably enhanced keeping in
mind the RALSA Guidelines, 2024.
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4. Despite service, nobody has appeared on behalf of the
respondents to oppose the submissions made by learned counsel
for the appellant Dewaram.
5. I have considered the submissions made at the Bar and have
gone through the relevant record of the case including the
judgment and award dated 02.04.2003.
6. The impugned judgment and award shows that in an
accident which occurred on 15.12.1999 near Narlai, the appellant-
Dewaram sustained certain injuries for which he was taken to the
hospital and was given the treatment. The record of the Tribunal
shows that the appellant was working as a Diamond Polisher in a
Private Concern at Bombay. The injury report shows that the
appellant Dewaram has sustained a number of injuries for which
the treatment was given to him. Bills of the medicines and the
treatment extended to the appellant Dewaram are also on record.
Further, the disability certificate issued by the Medical Board also
shows that Dewaram sustained permanent disability of 22 per
cent. Learned Tribunal, after taking into consideration all the
factors, have awarded a sum of Rs.1,15,800/-.
7. This Court takes note of the fact that since the accident is
not disputed and the factum of injuries is established, therefore,
the compensation is required to be re-computed in light of the
RALSA Guidelines, 2024. In the considered opinion of this Court,
the compensation in the present case is required to be re-
computed keeping in mind the RALSA Guidelines, 2024 as under:-
PART (C) Permanent Disability (Amount)
2. More than 10% upto 25%
Rs. 35000 + 4500X22 1,34,000/-
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PART-D
(3) Attendant Charges 4800
300 X16
Loss of Income 11,200
700X16
Sub-Total 1,50,000/-
Head-D Pain and Suffering
(a) upto 30% (25% of total 37,500
award excluding medical
expenses)
1,50,000X25%
Medical Expenses 10,000
Hospitalization Charges 9,600
16X600
2,07,100
8. The re-computation of the award shows that the legal heirs
of the appellant-Dewaram are entitled to get a compensation of
Rs.2,07,100/- (Rupees : Two Lakhs, Seven Thousand One
Hundred Only).
9. In view of the discussions made above, the present appeal
merits acceptance and the same is allowed. The judgment and
award dated 02.04.2003 is modified to the extent of enhancement
made in the re-computation made hereinabove. It is made clear
that if the awarded amount or any part of it has already been
paid, then the same shall be adjusted against the enhanced
amount. The respondents are directed to pay the enhanced
amount with interest @ 6% per annum from the date of filing the
claim petition till the same is paid to the legal heirs of appellant-
Dewaram.
(VINIT KUMAR MATHUR),J
14-SanjayS/-
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