The High Court allowed a partial civil appeal filed by a claimant/agricultural labourer against an award passed by the Motor Accident Claims Tribunal, enhancing the compensation amount and directing its payment.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B.Civil Misc. Appeal No.4027/2014 (Basanti Lal Versus Rajendra Kumar & Ors.)
DATE OF JUDGMENT : 10/03/2015
HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA
Mr. Kamal Gupta, for appellant/s . Mr. Virendra Agarwal, counsel for the Insurance Co.
This appeal has been filed by the appellant against the impugned judgment and award passed by the Motor Accident Claims Tribunal.
Brief facts of the case are that the claimant filed a claim petition before the Tribunal with regard to injuries sustained by him in an accident, which is said to have taken place on 30.6.2010. Thereafter, the notices were issued, reply was filed, issues were framed and after hearing the counsel for both the sides, the learned Tribunal passed the judgment and award dated 30.9.2014 decreeing an amount of Rs. 62,300/- as compensation. Being dissatisfied with the aforesaid amount of compensation, the instant appeal has been filed by the claimant for enhancement of compensation.
Learned counsel for the appellant has contended that the Tribunal has not properly appreciated the oral as well as documentary evidence and awarded a very meager amount of compensation. The finding of the learned Tribunal on issue no.4 is contrary to the material on record. Hence, the impugned judgment and award should be modified and the amount of compensation should be enhanced upto Rs. 50,000/- in the light of the evidence submitted by both the parties and in the light of the judgment of Hon'ble Apex Court as well as Hon'ble High Courts.
On the other hand, learned counsel for the Insurance Co. has vehemently opposed the
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arguments of learned counsel for the appellant and contended that the Tribunal has rightly decided all the issues and passed the impugned judgment and award after due appreciation of the evidence, hence the amount of compensation should not be enhanced.
I have heard learned counsel for the parties and carefully gone through the material on record.
Looking to the facts and circumstances of the case, the appeal is partly allowed and the amount of compensation is enhanced upto Rs. 15,000/- (Rs. Fifteen Thousand). The claimant(s)appellant(s) is/are held entitled to get the aforesaid amount from the Insurance Co. The Insurance Co. is given 6 weeks' time to deposit the said amount with the Tribunal and thereafter the Tribunal is directed that upon depositing the said amount by the Insurance Co., the same shall be disbursed to the claimant/s immediately. In case the amount is not paid to the claimant/s within the aforesaid stipulated period of six weeks, the claimant/s shall be entitled to interest @ 9% per annum on the enhanced amount from the date of passing the judgment by this Court. The aforesaid enhanced amount shall be in addition to the amount awarded by the learned Tribunal. Rest of the terms under the award shall remain unchanged.
The impugned award stands modified, as indicated here-in-above.
(MAHESH CHANDRA SHARMA)J.
All corrections made in the judgment / order have been incorporated in the judgment / order being E-mailed.
Dilip Khandelwal PA
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal should be enhanced on appeal.
The extent to which the appellate court should increase the compensation amount.
1 provisions across 1 enactments
Basanti Lal
Rajendra Kumar & Ors.
Mahesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
