Allowed

Ramkanwari Bai v. Hansraj and Ors.

Rajasthan HC17 Jul 2018CMA/2412/2018

Case brief

AI extract

What is this about?

In an appeal under the Motor Vehicles Act against a tribunal award, the High Court modified the compensation amount to Rs. 1,19,242/-, considering permanent disability, age multiplier, hospital bills, and additional expenses, enhancing the original award of Rs. 98,100/-.

What did the court decide?

The appeal was allowed; the impugned award dated 05.01.2018 was modified to award total compensation of Rs. 1,19,242/- in place of Rs. 98,100/-.

Ramkanwari Bai Vs Hansraj and Ors. — Specific Performance | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 2412/2018

¶3

Ramkanwari Bai W/o Ram Swaroop B/c Kumawat, R/o Village Raghuvirpura, Teh. And Distt. Bundi Raj.

¶4

----Appellant-Claimant

¶5

Versus

¶6

Hansraj S/o Shri Raghunath B/c Bairwa , R/o Sogariya, Teh. Ladpura, Distt. Kota Raj. Presently R/o Village Raghuvirpura, Teh. And Distt. Bundi Raj. Driver Of The Vehicle

¶7

Satya Narayan S/o Laxmi Chand B/c Khati , R/o Village Neem Ka Kheda, Teh. And Distt. Bundi Raj. Owner Of The Vehicle

¶8

Shriram General Insurance Company Limited, Through Manager , E-8, E.p.i.p. Riico Industrial Area, Sitapura, Jaipur Raj. Insurance Of The Vehicle

¶9

----Respondents-Non-Claimants

¶10

For Appellant(s) : Mr. Govind Lal Choudhary For Respondent No.3 : Mr. Chanderdeep Singh Jodha

¶11

HON'BLE MRS. JUSTICE SABINA

¶12

Order

¶13

17/07/2018

¶14

Appellant has filed this appeal, challenging the award dated 05.01.2018 passed by the Tribunal, seeking enhancement of compensation amount.

¶15

Learned counsel for the appellant has submitted that the appellant had suffered permanent disability to the extent of 6%. Compensation amount granted by the Tribunal was on a lower side.

¶16

Learned counsel for respondent No. 3 has opposed the

(2 of 3)

[CMA-2412/2018]

appeal.

Appellant had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of injuries suffered by her in the motor-vehicle accident which had occurred on 07.03.2012.

¶21

As per Exhibit-15, appellant had suffered total permanent physical impairment to the extent of 6%. The said certificate has been issued by Board of Doctors and there is no reason to doubt the genuineness of the said certificate.

¶22

Appellant was aged between 55 to 60 years, at the time of accident. Hence, appropriate multiplier to work out the amount of compensation vis-à-vis permanent disability suffered by the appellant would be ‘9’.

¶23

In the absence of any documentary evidence on record with regard to the income of the deceased, the same was liable to be taken as Rs. 3,822/- per month, in view of the minimum wages fixed by the State, at the relevant time.

¶24

Thus, the appellant is entitled to receive Rs. 3,822/- x 12 x 9 x 6% = Rs.24,766/- by way of compensation vis-à-vis permanent disability suffered by her. Appellant would be further entitled to receive an addition of 10% of the said amount towards her future prospects and the said amount comes to Rs.2,476/-.

¶25

Learned counsel for the appellant has submitted that the appellant had remained admitted in the hospital for 12 days. Thus, the appellant would be entitled to receive Rs. 6,000/- towards hospital expenses.

¶26

(3 of 3) [CMA-2412/2018]

¶27

Admittedly, medical bills proved on record with regard to the treatment undergone by the appellant are to the tune of Rs.56,000/-. Appellant would be further entitled to receive Rs. 25,000/- towards pain and suffering and loss of amenities of life. Appellant would be further entitled to receive Rs. 5,000/- towards transportation expenses and special diet.

¶28

Thus, the appellant would be entitled to receive, in all, Rs.24,766/- + Rs.2,476/- + Rs.6,000/- + Rs.56,000/- + Rs.25,000/- + Rs. 5,000/- = Rs.1,19,242/- by way of compensation.

¶29

Accordingly, this appeal is allowed. Impugned award dated 05.01.2018, is modified to the extent that the appellant would be entitled to receive Rs. 1,19,242/- by way of compensation instead of Rs.98,100/- as awarded by the Tribunal. Remaining terms and conditions of the impugned award shall remain unchanged.

¶30

(SABINA)J.

¶31

Sudha/39

Ramkanwari Bai v. Hansraj and Ors.

Case brief

What is this about?

What did the court decide?

Ramkanwari Bai v. Hansraj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

National Insurance Co. Ltd. Vs Smt Prem Devi and Others

National Insurance Co. Ltd. Vs Smt Guddi Kumari and Others

Mool Chand Vs Omprakash and Ors.

Bharat Lal Meena Vs Ashok Kumar Sharma and Anr.

Virendra Singh Vs Sujan Singh and Ors.

Smt Lalli Devi and Ors. Vs Rajkumar and Ors.