Rajasthan High Court - Jodhpur
Smt. Lungo vs Babulal And Ors (2025:Rj-Jd:40078) on 9 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:40078]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civ. Cros. Obj. misc. app No. 1/2006
Smt. Lungo w/o Genaram, b/c Mali, age 34 years, r/o Otwala,
tehsil Sayla, District Jalore (Raj.)
----Petitioner
Versus
1. Babulal s/o Kheemraj Ji, b/c Jain, r/o Mokhava, Tehsil Shiv,
District barmer (Raj.)
2. Hanwant Kumar s/o Premchand, b/c Acharya, R/o Acharyo
Ka Bas Barmer (Raj.)
3. United India Insurance Company Ltd. Barmer
----Respondents
For Petitioner(s) : None present
For Respondent(s) : None present
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
09/09/2025
1. This is an old civil cross objection filed on behalf of the
claimant-applicant for enhancement of the compensation awarded
by the learned Motor Accident Claims Tribunal, Jalore (hereinafter
referred to as "the learned Tribunal") vide its judgment and award
dated 09.05.2003. As per the memo of appeal, the claimant met
with an accident on 22.09.2000 and sustained number of injuries
for which, she was treated in Mahatma Gandhi Hospital, Jodhpur.
Due to the injuries suffered in the accident, the claimant-applicant
filed a claim petition before the learned Tribunal which was
decided vide judgment and award dated 09.05.2003 and the
claimant-applicant was awarded a compensation of Rs.67,921/- on
account of the injuries suffered by her. Being aggrieved of the
judgment and award dated 09.05.2003 passed by the learned
Tribunal, the owner and driver preferred S.B. Civil Misc. Appeal
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[2025:RJ-JD:40078] (2 of 3) [CCOMA-1/2006]
No.656/2004, wherein the claimant-cross-objector filed the
present civil cross objection for enhancement of the compensation
awarded by the learned Tribunal.
2. I have scanned the record as well as the judgment and
award dated 09.05.2003.
3. As per the record, the factum of accident is not disputed. As
per the disability certificate issued by the Medical Board, the
applicant has sustained permanent disability of 20%. She
remained admitted in the hospital from 23.09.2000 to
29.09.2000. Since, at the time of accident, the age of the
applicant was 34 years, she is also entitled to get 20% of the total
awarded amount towards the head of pain and suffering.
4. In these circumstances, this Court feels that the amount
awarded by the learned Tribunal is on a lower side and the same is
required to be re-computed in the light of Rajasthan State Legal
Services Authority Guidelines, 2024, therefore, the same is re-
computed as under:-
Sl. Particulars Amount in
No. Rupees
1. For Permanent Disability- --
Rs.35000 + 4500 x 20=1,25,000/-
2. For Hospitalization & attendant - --
Rs.600 x 7=4,200/-
3. Already awarded by the Tribunal
Rs.67,921/-
Rs.1,25,000+4200+67,921 = 1,97,121/-
4. Pain & Suffering- --
Rs. 1,97,121 x 20%=39,424/-
Total Sl.Nos.1, 2 and 4 Rs.= 1,68,624/-
Total Amount 1,68,624/-
(-)Already awarded by the Tribunal 67,921/-
Enhanced Amount 1,00,703/-
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[2025:RJ-JD:40078] (3 of 3) [CCOMA-1/2006]
5. It is also held that the amount awarded by the learned
Tribunal under the other headings shall remain unchanged in its
judgment and award dated 09.05.2003.
6. The enhanced amount shall be paid by the Insurance
Company in view of the judgment passed today itself by this Court
in S.B. Civil Misc. Appeal No.656/2004 (Babulal & anr. Vs.
Smt. Lugo & anr.), wherein the liability to pay the compensation
has been fastened upon the Insurance Company and the owner
and driver of the offending vehicle have been exonerated.
7. In view of the discussion made above, the present civil cross
objection merits acceptance and the same is partly allowed with a
direction to the respondents to pay an amount of Rs.1,00,703/-
(Rupees One Lac Seven Hundred Three) to the applicant-claimant
in addition to amount of Rs.67,921/- which has already been
ordered to be awarded by the learned Tribunal vide its judgment
and award dated 09.05.2003.
8. The enhanced amount of Rs.1,00,703/- (Rupees One Lac
Seven Hundred Three) shall carry the interest @ 3% from the
date of filing the claim petition till the same is paid by the
respondents.
9. Registrar (Judicial) of this Court is directed to supply a copy
of this order to both the parties.
(VINIT KUMAR MATHUR),J
19-Payal/-
(Uploaded on 10/09/2025 at 03:07:24 PM)
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