Rajasthan High Court - Jodhpur
Rajendra Singh vs Khana Lal And Ors (2025:Rj-Jd:39709) on 8 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:39709]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Misc. Appeal No. 348/2004
Rajendra Singh S/o Shri Gopal, by caste Rajput, Resident Barel
Second Vijay Nagar, Tehsil Gulabpura Dist. Bhilwara.
----Appellant
Versus
1. Khana Lal S/o Shri Mishri Lal, by caste Balai, R/o village
Khamore Dist. Bhilwara.
(Driver)
2. Ram Dayal S/o Shri Ghisa, by caste Mali, R/o Hurda Dist.
Bhilwara.
(Owner)
3. United India Insurance Company Ltd., through Manager,
Mahaveer Bazar, Vijay Nagar, Tehsil- Gulabpura, Dist. Ajmer.
----Respondent
For Appellant(s) : None.
For Respondent(s) : Mr. Sanjeev Johari, Sr. Advocate
assisted by Mr. Lalit Parihar.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
08/09/2025
No one is present on behalf of the appellant and the present
appeal is pending since the year 2004, therefore, the same is
being heard and decided finally today itself.
Mr. Sanjeev Johari, learned Senior Counsel appears on behalf
of the respondent No.3-Insurance Company.
Heard learned counsel for respondent No.3-Insurance
Company.
The present appeal has been filed against the judgment and
award dated 24.10.2002 passed by the Judge, Motor Accident
(Uploaded on 09/09/2025 at 04:43:10 PM)
[2025:RJ-JD:39709] (2 of 3) [CMA-348/2004]
Claims Tribunal, Gulabpura, Bhilwara in Claim Case No.81/2001
whereby an amount of Rs.400/- has been awarded to the
appellant on account of the injury suffered by him in the accident
which took place on 29.01.2001 when the appellant was traveling
in a Mini Bus No.RJ-06/P-1080 which met with an accident with
Truck No.HR-38A-5740. On account of the accident, the appellant
sustained injury and he was treated in the hospital. The appellant
preferred a claim petition for grant of compensation before the
learned Motor Accident Claims Tribunal, Gulabpura District
Bhilwara.
After taking into consideration the relevant documents
available on record, the learned Tribunal decided the claim
petition of the appellant vide its judgment and award dated
24.10.2002 and awarded an amount of Rs.400/- as compensation
to the appellant on account of having suffered injury in the
accident, which took place on 29.01.2001.
Learned Tribunal has held that the appellant has sustained
only a single injury in the accident, therefore, as per the injury
report produced on record as Ex.235, the appellant is entitled for
compensation for the simple injury suffered in the accident. In
the considered opinion of this court, the amount awarded in the
present case is required to be enhanced in the light of Rajasthan
State Legal Service Authority's guidelines, 2024 as Rs.3500/- for
each simple injury sustained in the accident along with actual
medical expenses supported by medical bill.
Learned counsel for the Insurance Company is not in a
position to refute that for each simple injury, a person is entitled
for compensation of Rs.3500/-. Since, in the present case, the
(Uploaded on 09/09/2025 at 04:43:10 PM)
[2025:RJ-JD:39709] (3 of 3) [CMA-348/2004]
appellant has sustained a single injury simple in nature, therefore,
as per the RALSA Guidelines of 2024, compensation of Rs.3500/-
should be awarded to the appellant.
In view of the discussion made above, the present appeal is
allowed. The compensation amount of Rs.400/- awarded to the
appellant by the learned Tribunal is enhanced to Rs.3500/-. The
enhanced amount shall be paid by the respondents within a period
of four weeks from today. The enhanced amount shall carry an
interest @ 6% p.a. from the date of filing of the claim petition.
(VINIT KUMAR MATHUR),J
12-Anil Singh/-
(Uploaded on 09/09/2025 at 04:43:10 PM)
Powered by TCPDF (www.tcpdf.org)
