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Rajasthan High Court - Jodhpur
Bhagga vs Raj Kumar And Ors (2026:Rj-Jd:7270) on 10 February, 2026
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2026:RJ-JD:7270]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 150/2001
Shri Bhagga, son of Shri Trilok Gameti, resident of Kagamdarda,
Tehsil Nathdwara, District Rajsamand.
----Appellant
Versus
1. Shri Raj Kumar, son of Shri Chhotu Lal Jain, resident of Naya
Bazar Kankroli, District Rajsamand.
2. M/s Chhotu Lal Jain, son of Shri Birdi Chand Jain, resident of
Naya Bazar, Kankroli, District Rajsamand.
3. The United India Insurance Company Ltd. Udaipur.
----Respondents
For Appellant(s) : Mr. Suresh Shrimali
For Respondent(s) : Mr. Vipul Singhvi
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 against the
judgment and award dated 25.10.2000 passed by the learned
Motor Accident Claims Tribunal, Rajsamand (hereinafter referred
to as 'learned Tribunal') in Claim Case No.1197/1998 for
enhancement of the amount awarded by the learned Tribunal.
3. Briefly noted the facts in the present case are that the
appellant was standing out of his house for going to Kelva and
while he was standing on the road, he met with an accident with a
car coming from the Kankroli side. Due to said accident, the
appellant suffered multiple injuries. The car No.RJ-30-C-0777 was
being driven by the driver rashly and negligently. On account of
the injuries suffered by the appellant, he was taken to the Udaipur
hospital, where he was admitted for treatment. In these
circumstances, the appellant filed an application before the
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learned Tribunal seeking compensation for the injuries suffered by
him, which took place on 21.04.1998.
4. Learned Tribunal, after framing of the issues and hearing the
counsel for the parties, decided the claim application of the
appellant vide judgment and award dated 25.10.2000 and has
awarded a sum of Rs.1,30,000/- with an interest @ 12% per
annum.
5. However, dissatisfied with the compensation awarded vide
judgment and award dated 25.10.2000, the present appeal has
been filed by the appellant.
6. Learned counsel for the appellant vehemently submitted that
the factum of accident and risk covered by the Insurance
Company is not disputed, therefore, the amount of compensation
awarded by the learned Tribunal vide judgment and award dated
25.10.2000 is on a lower side and needs to be recalculated and
recomputed under the Guidelines of Rajasthan State Legal
Services Authority, 2024.
7. Learned counsel appearing for the respondent-Insurance
Company opposed the submissions made by the learned counsel
for the appellant and submits that the learned Tribunal has rightly
passed the impugned judgment and award. However, he is not in
a position to refute the Guidelines issued Rajasthan State Legal
Services Authority, 2024 for recalculating and recomputing the
award amount.
8. I have considered the submissions made at the Bar and have
gone through the relevant record of the case including the
impugned judgment and award dated 25.10.2000.
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9. Considering the fact that the factum of accident is not
disputed, the number of injuries are also not disputed and the
factors implied by the learned Tribunal for calculation of the award
being reasonable, this Court feels that using the same factors, the
award for compensation is required to be recalculated under the
Guidelines of Rajasthan State Legal Services Authority, 2024.
10. The calculation for the same is recalculated and recomputed
as under:-
(I) Permanent disability
more than 25% upto 50% 35,000+5,500
for each disability
35,000 + 5,500 x 30 Rs.2,00,000/-
(II) Loss of income
1,500 x 30% P.D.
500 x 12
(as awarded by the Tribunal) Rs.6,000/-
(III) Pain & Suffering upto 30 years (25% of
total award excluding Medical Bills &
Expenses)
2,00,000 + 6,000 (loss of income) x 25% Rs.51,500/-
(IV) Medical Expenses
(As awarded by the Tribunal)
Rs.6,000/-
6,000
(V) Total award Rs.2,63,500/-
(VI) Less: Compensation awarded by Tribunal Rs.1,30,000/-
Enhanced amount Rs.1,33,500/-
11. In view of the recalculation made hereinabove, an amount of
Rs.1,33,500/- (Rupees One Lac Thirty Three Thousand Five
Hundred only) is required to be enhanced in the present case.
12. Thus, the appeal merits acceptance and the same is allowed
by giving a direction to the Insurance Company to pay an amount
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of Rs.1,33,500/- in addition to the amount already awarded by the
learned Tribunal vide its judgment and award dated 25.10.2000.
13. The enhanced amount shall carry an interest @ 6% from the
dated of filing of the claim application by the appellant before the
learned Tribunal till the same is paid by the Insurance Company.
(VINIT KUMAR MATHUR),J
4-Payal/-
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