Rajasthan High Court - Jodhpur
Parmeshwar vs Jai Singh And Ors (2025:Rj-Jd:40570) on 11 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:40570]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 3/2001
Parmeshwar S/o. Om Prakashji, B/c Mali Gehlot, R/o. Mohalla
Hanumanpura Village Chokha Tehsil & District Jodhpur, Minor
through his natural guardian and father Om Prakash S/o. Kasi
Ramji B/c Mali, R/o. Mohalla Hanumanpura Village Chokha Tehsil
& District Jodhpur.
----Appellant-Claimant
Versus
1. Jai Singh S/o. Shri Bhajan Singh, B/c Mali, R/o. Tilwadia Bera,
Near Chopasani School, Jodhpur.
2. Narpat Singh S/o. Shri Jagdish Singh B/c Mali Sankhal, R/o.
Tilwadia Bera, Near Chopasani School, Jodhpur.
3. The New India Assurance Company Ltd., Divisional Office,
Abhay Chambersd, Jalori Gate, Jodhpur.
4. Yasin Khan S/o. Shri Ameen Khan B/c Musalman Sindhi, R/o.
Dalle Khan Ki Chaki, Pal Road, Mansuria, Jodhpur.
5. Asin Khan S/o. Shafi Khan, B/c Sindhi Musalman, R/o. Dalle
Khan Ki Chaki, Pal Road, Mansuria, Jodhpur.
6. National Insurance Company Ltd., Divisional Office, Residency
Road, Jodhpur.
----Respondents-Non-petitioners
For Appellant(s) : Mr. Mudit Vaishnav for
Mr. Rajesh Panwar
For Respondent(s) : Mr. Dhanpat Choudhary for New India
Assurance Company Ltd.
Mr. Mudit Bachhawat for National
Insurance Company Ltd.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
11/09/2025
1. Heard learned counsel for the parties.
2. The present appeal has been filed against the judgment and
award dated 11.09.2000 passed by learned Judge, Motor Accident
Claims Tribunal (Ist) Jodhpur (hereinafter referred to as 'learned
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Tribunal') in MAC Case No.367/1997, whereby, the claim petition
was partly allowed and an amount of Rs.2,10,000/- was awarded
as compensation in favour of the appellant-claimant (Minor)
through his father, on account of the grievous injuries suffered in
the accident occurred on 26.08.1997.
3. Briefly facts noted in the present case are that the appellant-
Parmeshwar (Minor) through his father, met with an accident,
which occurred on 26.08.1997 while travelling in the city bus
bearing registration No.RJ19-P-4245 near village Chokha. The
accident occurred on account of rash and negligent driving by the
driver of the city bus and the driver of the Truck bearing
registration No.RJ9-G-2386. In this accident, the appellant-
Parmeshwar suffered grievous injuries, which were treated in the
Mahatma Gandhi Hospital, Jodhpur. After treatment of the
appellant-Parmeshwar, he suffered from permanent disability of
85% as reflected in the Disability Certificate issued by the Medical
Board (Ex.40). In these circumstances, a claim petition was filed
before the learned Tribunal and the learned Tribunal, after framing
the issues and appreciating the evidence on record, passed the
judgment and award dated 11.09.2000 whereby the compensation
of Rs.2,10,000/- has been awarded in favour of the appellant-
claimant for the grievous injuries suffered in the accident.
Dissatisfied by the judgment and award dated 11.09.2000 passed
by the learned Tribunal, the present appeal has been filed.
4. Learned counsel for the appellant-claimant submits that the
amount awarded by the learned Tribunal is too meager and,
therefore, the same is required to be re-computed as per the
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[2025:RJ-JD:40570] (3 of 4) [CMA-3/2001]
Rajasthan State Legal Services Authority's Guidelines, 2024
(hereinafter referred as to 'RSLSA)'.
5. The submissions made by the learned counsel for the
appellant-claimant though have been opposed by the learned
counsel for the respondents, but they are not in a position to
refute the submission with respect to the re-computation of the
award in pursuance of the RSLSA Guidelines, 2024.
6. I have considered the submissions made at the Bar and gone
through the relevant record of the case including the impugned
judgment and award dated 11.09.2000.
7. Since the parties present before this Court have not disputed
the age of the appellant, permanent disability suffered by the
appellant in the accident and the period of hospitalization,
therefore, the same are taken into consideration as under while
re-computing the award in the present case as per RSLSA
Guidelines, 2024.
8. The compensation in the present case is now being re-
computed in pursuance of the RSLSA Guidelines, 2024.
9. Both the learned counsel have submitted a joint re-
computation of the amount of compensation in the present case
which is as under:-
Sl. Particulars Amount in
No. Rupees
1. Date of Accident :- 26.08.1997 --
2. Age of Injured :- 13 Years --
3. Admitted in Hospital :- 12 Days 7,200/-
(600 x 12)=7,200/-
4. 85% Permanent Disability :- 5,87,500/-
35000/- + 85 x 6500 = 5,87,500/-
Total 5,94,700/-
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[2025:RJ-JD:40570] (4 of 4) [CMA-3/2001]
25% - Pain & Suffering 1,48,675/-
5,94,700 x 25%=1,48,675/-
Total Amount 7,43,375/-
(-) Already awarded by the Tribunal 2,10,000/-
Enhanced Amount Rs.5,33,375/-
10. In view of the discussions made above, the present appeal
merits acceptance and the same is allowed to the extent of re-
computation and payment of compensation for the permanent
disability and other heads for the injuries suffered by the
appellant-Parmeshwar in the accident in view of the RSLSA
Guidelines, 2024. The respondents-Insurance Companies are
directed to pay (50% each-Insurance Company) the enhanced
amount of Rs.5,33,375/- (Rupees: Five Lacs Thirty Three
Thousand Three Hundred Seventy Five Only) to the
appellant- Parmeshwar in addition to the amount of Rs.2,10,000/-
already awarded by the learned Tribunal vide its judgment and
award dated 11.09.2000. The enhanced amount shall carry
interest @ 3% per annum from the date of filing of the claim
petition, till the same is paid by the respondents- Insurance
Companies.
(VINIT KUMAR MATHUR),J
34-SunilS/Shahenshah/-
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