Allowed

Smt.Seema and Ors. v. Mangi Lal and Ors.

Rajasthan HC10 Feb 2014CMA/760/2011

Case brief

AI extract

What is this about?

This S.B. Civil Miscellaneous Appeal challenges a Motor Accident Claims Tribunal award regarding the non-reimbursement of flight ticket costs. The High Court allowed the appeal and added Rs.57,805/- to the compensation awarded to the appellants for transporting the deceased and medical personnel to Bombay for treatment. The final award was modified accordingly.

What did the court decide?

Air ticket cost of Rs.57,805/- added to compensation; final award modified to total Rs.20,95,939/- + Rs.57,805/- plus interest.

Smt.Seema and Ors. Vs Mangi Lal and Ors. — Motor Accident Claims | Rajasthan HC (2014)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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J U D G M E N T

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S.B. CIVIL MISC. APPEAL NO. 760/2011 (Smt. Seema & Ors. Vs. Shri Mangi Lal & Ors.)

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DATE OF JUDGMENT : 10.2.2014

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Mr. Abhishek Mirdha, for the appellants. Mr. Jagdish Vyas, for the respondent No.3.

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The instant appeal has been filed on behalf of the appellants challenging the judgment and award dated 23.12.2010 passed by the learned Judge, Motor Accident Claims Tribunal (I), Jodhpur in Motor Accident Claim Case No.04/2008.

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The limited question which has been raised in the instant appeal is regarding the non reimbursement of the cost of the flight tickets incurred in taking the deceased to Bombay for treatment after the accident. The learned Tribunal initially by the judgment and award dated 17.8.2010 accepted the claim for a sum of Rs.17,85,000/-. The appellants filed an application for rectification of the errors claiming that the learned Tribunal accepted the claim only for the treatment provided to the deceased from the date of the accident till his death. The expenses incurred towards transportation were assessed by the learned Tribunal to be Rs.3,11,000/-, whereas, the actual expenses amounted to Rs.6,21,939/-. The

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learned Tribunal by order dated 23.12.2010 accepted the said application and allowed the addition of Rs.6,21,939/- towards various heads.

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Learned counsel submits that whilst granting the transportation expenses to the appellants, the cost of the documents Exhibits 157, 158, 159 and 160, which are the air tickets purchased for taking the deceased, a doctor and a medical assistant to and fro to Bombay and back was overlooked while assessing the award by the learned Tribunal. It is thus prayed that the amount awarded to the appellants deserves to be enhanced and the addition of the cost of air tickets be made in the compensation.

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Learned counsel Shri Jagdish Vyas appearing on behalf of the Insurance Company fairly conceded that the learned Tribunal though accepted the prayer for awarding the transportation expenses of the deceased and his companions from Jodhpur to Bombay, but, the cost of the air tickets, which are available on the record (Exhibits 157 to 160) was inadvertently overlooked whilst making the calculations.

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Both the learned counsel submit that the total cost of the air travel incurred in taking the deceased, a doctor and a medical assistant from Jodhpur to Bombay and back is Rs.57,805/- and the same deserves to be awarded to the appellants.

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In view of the undisputed facts, the appeal deserves to be and is allowed. The amount of the air tickets (Exhibits 157

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to 160) i.e. a sum of Rs.57,805/- is added to the compensation already awarded to the appellants. The final award is modifed accordingly. Now, the appellants shall be entitled to receive a total sum of Rs.20,95,939/- + Rs.57,805/- alongwith the interest as directed by the learned Tribunal.

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Record be sent back forthwith.

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(SANDEEP MEHTA), J.

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ms rathore

Smt.Seema and Ors. v. Mangi Lal and Ors.

Case brief

What is this about?

What did the court decide?

Smt.Seema and Ors. v. Mangi Lal and Ors.

Case brief

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What did the court decide?

What the court decided

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