Appeal against Motor Accident Claims Tribunal award. High Court found Tribunal hasty in ignoring evidence of permanent disability. Ordered enhancement of compensation to Rs.32,000 total with 6% interest.
Award enhanced to Rs.32,000 total; 6% interest from date of filing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
: J U D G M E N T :
S.B. CIVIL MISC. APPEAL NO.1650/2004
Bhog Ji Vs.
Sukhlal & Ors.
Date of Judgment 15th February, 2013
PRESENT
HON'BLE MR. JUSTICE ARUN BHANSALI
Mr. Mahendra Trivedi, for the appellant. Mr. Sanjeev Johari, for respondent No.2.
BY THE COURT:
This appeal has been preferred by the claimant Bhog Ji aggrieved by the judgment and award dated 16.03.2004 passed by the Motor Accident Claims Tribunal, Banswara ('the Tribunal'), whereby, the Tribunal awarded a sum of Rs.7,000/- as compensation to the appellant.
The brief facts of the case are that the appellant was traveling in a Mini Bus No.RJ03 P 1019 as passenger, when the same turned turtle, as a result of which, appellant alongwith several passengers received injuries. The appellant filed a claim petition seeking compensation of Rs.8,22,000/- under various heads. The appellant himself was examined as AW-4 and he produced Permanent Disability Certificate (Exhibit-14), Injury Report (Exhibit-18), Discharge Ticket (Exhibit-19) and Medical Bills (Exhibits-20 to 26).
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The Tribunal after hearing the parties awarded Rs.6,000/towards pain and suffering for the injuries sustained by him and Rs.1,000/- towards medical expenses.
It was contended on behalf of the appellant that the Tribunal has awarded quite a meager amount for pain and suffering and the injuries sustained by the appellant. Sufficient evidence was placed on record to prove the permanent disability and the fact that the injuries have resulted in disfiguring the face of the appellant and, as such, he was entitled to higher compensation.
On the other hand, learned counsel for the respondent Insurance Company supported the award impugned passed by the Tribunal. It was stated that the compensation awarded by the Tribunal is just and proper in the facts and circumstances of the case. No evidence other than the oral evidence of the appellant was produced for proving the claim raised by the appellant, consequently, the appeal deserves to be dismissed.
I have considered the rival submissions made at the Bar and perused the impugned award passed by the Tribunal.
The Tribunal has very cursorily dealt with the issue relating to the award of compensation as far as the appellant is concerned. The documentary evidence produced by appellant has not been objectively considered and the issue relating to disfigurement has been brushed aside merely by observing that he was a middle aged person of 35 years.
Having considered the overall facts and circumstances of the case and the fact that the accident occurred in the year
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2000, this Court is of the opinion that ends of justice would meet if the appellant is further awarded a lump sum amount of Rs.25,000/- over and above Rs.7,000/- awarded by the Tribunal by impugned order so as to make a total award of Rs.32,000/-.
In the result, the appeal is partly allowed. The award dated 16.03.2004 passed by the Tribunal is modified to the extent that appellant would be entitled to a further sum of Rs.25,000/- from the respondents, who would be jointly and severally liable for payment of the said award. The appellant would also be entitled to interest @ 6% per annum on the said enhanced amount from the date of filing claim petition before the Tribunal. No costs.
(ARUN BHANSALI), J.
A.K.Chouhan/- 81
2 issues framed by the court
Whether the Tribunal erred in awarding a meager compensation and ignoring evidence of permanent disability and disfigurement.
What enhancement in compensation award and interest should be granted to meet the ends of justice.
Bhog Ji
Sukhlal & Ors.
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
