Umroa Chand Lodha vs Ganesha Ram (2025:Rj-Jd:40621)
2025 Latest Caselaw 13065 Raj

Rajasthan High Court - Jodhpur

Umroa Chand Lodha vs Ganesha Ram (2025:Rj-Jd:40621) on 11 September, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:40621]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Civil Misc. Appeal No. 532/2002

Umrao Chand Lodha S/o Shri P.C. Lodha, R/o 847 Mandore Road,
Opposite Income Tax Colony, Jodhpur.
                                                                       ----Appellant
                                        Versus
1. Ganesha Ram S/o Rana Ram, By Caste Jat, R/o Gawalnada
Police Station, Kalyanpur, District Barmer.
2. Pokar Ram S/o Shri Megha Ram, By Caste Jat, R/o Kamla
Nehru Nagar, Ist Extension Scheme, Jodhpur and Choudhary
Tranvels, Pal Road, Jodhpur.
3. The New India Assurance Company Ltd. Divisional Office,
Abhay Chambers, Jalori Gate, Chopasni Road, Jodhpur.
                                                                     ----Respondent


For Appellant(s)              :     Mr. Mudit Vaishnav.
For Respondent(s)             :     Mr. Dhanpat Choudhary with
                                    Ms. Jyoti R. Patel
                                    Mr. Sagar Jangid.



         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 for enhancement of the

compensation awarded by the learned Judge, Motor Accident

Claims Tribunal (Ist), Jodhpur (hereinafter referred to as 'learned

Tribunal) in MAC Case No.170/99 vide order dated 27.03.2002.

3. Learned counsel for the parties have not disputed the

accident, which occurred on 16.04.1996 and the injuries suffered

by the appellant- Umrao Chand Lodha in the present case.

4. Learned counsel for the appellant submits that the learned

Tribunal has not awarded any amount towards the telephone bills,

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[2025:RJ-JD:40621] (2 of 2) [CMA-532/2002]

the amount paid for commuting through taxi and the amount for

utilizing services of the driver during treatment. He, therefore,

prays that an appropriate lumpsum amount may be awarded on

the grounds mentioned herein above by appropriately enhancing

the amount of compensation in the present case.

5. Learned counsel for the respondents is not in a position to

refute the submissions made by learned counsel for the appellant.

6. I have considered the submissions made at the bar and gone

through the relevant record of the case.

7. Taking into consideration the totality of the facts and

circumstances, this Court deems it appropriate to enhance the

compensation awarded to the appellant by Rs.40,000/- as

lumpsum amount.

8. In view of the discussion made above, the present civil misc.

appeal is allowed with a direction to the respondent- Insurance

Company to pay a lumpsum amount of Rs.40,000/- in addition to

the amount already awarded by the learned Tribunal vide its order

dated 27.03.2002 within a period of eight weeks from the date of

receipt of certified copy of this order.

(VINIT KUMAR MATHUR),J

42-Shahenshah/Sunils-

(Uploaded on 11/09/2025 at 04:47:38 PM)

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