Allowed

Shanti Lal v. Shalendra Singh

Rajasthan HC19 Jul 2018CMA/1719/2009

Case brief

AI extract

What is this about?

Appeal against an award dated 11.12.2008 passed by the Motor Accident Claims Tribunal, seeking enhancement of compensation. The High Court held the appellant was entitled to Rs. 29,500/-, and ordered that the enhanced amount be invested in Fixed Deposit Receipts in a Nationalized Bank, with interest payable to the appellant.

What did the court decide?

Enhanced compensation awarded to the tune of Rs. 29,500/- to be invested in Fixed Deposit Receipts in a Nationalized Bank for the appellant's benefit.

Shanti Lal Vs Shalendra Singh — Contract and Commercial Disputes | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE. FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 1719/2009

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Shantilal S/o Shri Kanhiyalal, R/o Plot No.1647, Shyamnath Tiwari Ki Gali, Chowra Rasta, Jaipur

¶4

Versus

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I. Shri Shalendra Singh S/o Shri Jogeshwar Singh, By Caste Rajput, R/o 343, Himmat Nagar, Police Station Bajaj :3 'T"ls.,+. ..,..

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Nagar, ~a[~f~~~~~~.f;@$@~~ar No. Rj-14-4C5100). &.+ : <F ; : . dY .fa # L 4i-'$$ ,

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1. Smt$@,arima Singh W/o Shri Shalendra Gj@g;h, R/o 343, H~.rn,~at Nagar, "C "i ,. :+.@ w - Police Station Bajaj Nag5@$. Jaipur p *?A ' .& .

¶8

$%ebistered .. .ac Owner Of The Maruti Car No. ~j-14-4C'5100). rF Tr

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Appellant has filed, t+hgiisW$P:pea:IF@hj&I:I:th award dated e nging %. <*Fqed q fa3Qta%pri 11.12.2008 passed by the Motor Accident Claims Tribunal, seeking enhancement of compensation amount.

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Learned counsel for the appellant has submitted that the appellant had suffered permanent physical disability to the extent of 12.54%. Hence, the cornpensation amount granted by the Tribunal to the appellant was on a lower side and required enhancement.

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Learned counsel for respondents No.1 and 2 has opposed the appeal.

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None has appeared on behalf of respondent No.3 despite service.

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Appellant had filed the claim petition under Section 166 of the Motor Vehicle Act, 1988, seeking compensation on account of injuries suffered by him in the motor vehicle accident, which had

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. .,, . reason to doubt the g the said certificate. In the absence of any docg@ &w~&ecord with regard to '&p$ the income of th $* wliable to be taken as %p&@ %$. qp.,& Rs.1,800/- per month i@ elqt:tmum .wages fixed by the **_@@SF.,@_* State at the relev Keeping in pt* %Fe appellant, appropriate multiplier to work ou4J#Et bl$ ompensation vis-a-vis 1 permanent physical it .the appellant would

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"% Thus, the app~~~$~~l~&~ entitled to receive compensation vis-a-vis permanent physical disability suffered by him to the tune of Rs.1,800 X 12 X 5 X 12.54% = Rs.13,543/-.

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Admittedly, sum total of the medical bills proved on record by the appellant with regard to the treatment undergone by him are to the tune of Rs.l,444/-.

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Learned counsel for the appellant has submitted that the appellant had remained admitted in the hospital for 5 days for his

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treatment. 'Hence, the appellant would be entitled to receive Rs.2,500/- towards hospital expenses.

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Keeping in view the age of the appellantVand the extent of permanent physical disabili1iY suffered by him, appellant woujd be entitled to receive s.25,000/ towards pain and suffering and loss of amenities of life.

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Thus, in all, appellant would be entitled to receive Rs.13,543

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Rs. 29,500/- as awarded by fi&;@aTfi@mal. The remaining terms and - conditions of the 'Changed. It is further # ordered that the en nsation be invested in Fixed Deposit Receipts zed Bank, initially for a ued on the deposit shall be paid to the appellant 08 -+ ecretary, District Legal Services Authority, la shall invest the amou: ceipts in the name of the appellant in som The Secretary, District *%. - w, .,*wmv>, Legal Services Author~~~~{~qMi@g@$<~ll further apprise the X..\ r ' appellant with regard to the amount which has been granted to him by way of enhancement and the fact that the enhanced amount shall be invested in Fixed Deposit Receipts in, some Nationalized Bank for his benefit.

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(SABINA),J

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S.Kumawat/D-7

Shanti Lal v. Shalendra Singh

Case brief

What is this about?

What did the court decide?

Shanti Lal v. Shalendra Singh

Case brief

What is this about?

What did the court decide?

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