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Rajasthan High Court - Jodhpur
Anil Chaturvedi vs M/S Adarsh Tour And Travels And Anr ... on 10 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:7255]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 632/2000
Anil Chaturvedi S/o Shri Ramesh Chandraji, R/o 108 Subhash
Nagar, Bhilwara.
----Appellant
Versus
1. M/s Adarsh Tour And Travels through Partner, Shri Dilip
Bhansali, 66 Hans Bhawan, Chopasani Road, Jodhpur.
2. M/s. National Insurance Company Ltd. Copasni Road, Jodhpur
through Its Branch Office, Bhilwara.
----Respondents
For Appellant(s) : Mr. Jitendra S.R.
For Respondent(s) : Mr. Rajesh Choudhary
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
10/02/2026
1. Heard learned counsel for the parties.
2. The present Civil Misc. Appeal has been filed for
enhancement of the low compensation amount awarded by the
judgment and award dated 09.06.2000 passed by learned Motor
Accident Claims Tribunal, Bhilwara (hereinafter referred as 'the
learned tribunal') in Case No.147/1995, whereby an amount of
Rs.1,00,000/- has been awarded to the claimant-appellant for the
injuries suffered in the accident, which took place on 22.12.1994.
3. Briefly noted facts in the present appeal are that on
22.12.1994, the claimant-appellant while traveling in his car
bearing registration No. RJ-06-C-1250 met with an accident with a
bus bearing registration No. RJ-19-P-973 on National Highway
No.08 near Sukher Ghati. In the accident, the appellant suffered a
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number of injuries, for which he was treated in a hospital at
Ahemdabad. The details of hospitalization has also been given in
the judgment and award impugned.
4. In these circumstances, the claimant-appellant filed a claim
petition before learned MACT, Bhilwara for awarding the suitable
compensation. The learned tribunal after framing the issues
decided the claim petition of the appellant and has awarded
compensation of Rs.1,00,000/- vide judgment and award dated
09.06.2000.
5. Dissatisfied with the award dated 09.06.2000, the present
appeal has been filed by the appellant for enhancement of the
amount of compensation awarded by the learned MACT, Bhilwara.
6. Learned counsel for the appellant submits that in the
accident, the appellant has suffered a fracture of radius bone of
left hand, fracture of femur bone of right leg and certain other
injuries for which he was treated at a hospital at Ahemdabad.
Learned counsel submits that despite having placed on record all
the requisites bills and the reports showing that the appellant has
suffered a disability of 15%, a meager amount of Rs.1,00,000/-
has been awarded by the learned MACT, Bhilwara vide its
judgment and award dated 09.06.2000. He, therefore, prays that
the amount of compensation awarded by the learned MACT,
Bhilwara may be recalculated in the light of the RALSA Guidelines,
2024.
7. Learned counsel for the insurance company has vehemently
opposed the submissions made by the learned counsel for the
appellant and submits that the learned tribunal has rightly
deliberated on the issues framed therein and after carefully
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examining the evidence brought on record, has rightly calculated
the amount of compensation in the present case and thus, an
amount of Rs.1,00,000/- is just appropriate and correct. He,
therefore, prays that no interference is warranted in the judgment
and award passed by the learned tribunal.
8. I have considered the submissions made at the Bar and have
gone through the relevant record of the case.
9. The factum of the accident occurred on 22.12.1994 is not
disputed. The vehicle with which the accident has occurred was
insured with the respondent - Insurance Company is also proved
beyond doubt. The only question, which is raised is with respect to
the quantum of the compensation awarded in the present case.
10. It is noted that in the accident, which occurred on
22.12.1994, the claimant-appellant has suffered a fracture of
radius bone of left hand, fracture of femur bone of right leg and
besides that, a number of other injuries were suffered by the
appellant. It has also come on record that the appellant was
hospitalized for number of days for which the details have also
been mentioned in the judgment and award and the same has
been placed on record by the appellant.
11. Taking into consideration the cumulative injuries suffered and
the fact that he has suffered permanent disability of 15%, this
Court considers it appropriate that the amount of compensation is
required to be recalculated as per RALSA Guidelines, 2024.
12. Taking into consideration the RALSA Guidelines, 2024, for
each fracture, an amount of Rs.35,000/- has been mentioned and
as far as the permanent disability of 15% is concerned,
Rs.35,000/- + Rs.4,500 for each percent of disability is required to
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be calculated alongwith the medical expenses and hospitalization
at the rate of Rs.600/- per day.
13. In this view of the matter, this Court feels that he amount of
compensation awarded by the learned tribunal is on the lower side
and, therefore, needs to be appropriately enhanced.
14. In the considered opinion of this Court, interest of justice will
be met, if compensation awarded by the learned tribunal is
enhanced by further lumpsum amount of Rs.1,00,000/- in addition
of the amount already awarded by the learned tribunal.
15. Accordingly, the present appeal is allowed and the
respondent - Insurance company is directed to pay an amount of
Rs.1,00,000/- in addition to the amount already awarded by the
learned MACT, Bhilwara in case No.147/1995 vide judgment and
award dated 09.06.2000. The enhanced amount shall carry
interest @ 6% per annum from the date of filing of the claim
petition till the same is paid to the appellant.
(VINIT KUMAR MATHUR),J
2-nitin/-
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