Dismissed

Lelamma K. Josep v. Mumtaz

Rajasthan HC3 Jul 2018CMA/318/1995

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed an S.B. Civil Miscellaneous Appeal filed by Mst. Lilamma K. Joseph challenging the award of the Motor Accident Claims Tribunal. She sought enhancement of compensation for injuries sustained in a motor vehicle accident on 22.06.1986. The Tribunal had awarded Rs. 20,000/- in 1994. The appellant did not appear on behalf of respondents. The Court found no ground f

What did the court decide?

The appeal was dismissed. Compensation amount remained Rs. 20,000/- as awarded by the Tribunal.

Lelamma K. Josep Vs Mumtaz — Motor Accident Claims | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 318/1995

¶3

Mst. Lilamma K. Joseph wife of Tomy K Joseph, R/o Kamungal House, Post Vayarparamba, District Kannur, Keral at present resident of 3/156, Malviya Nagar, Jaipur (Raj.)

¶4

----Appellant

¶5

Versus

¶6

Mumtaj Son of Peeru Khan, r/o Tala, P.S. Chandwaji Jaipur (Raj.)

¶7

Mst. Kamod W/o Noor Mohammad, R/o Sardul Singh Ki Nal,

¶8

Jaipur

¶9

Latif Mohammad S/o Noor Mohammad, Musalman, R/o mithi

¶10

Kothi, Infront of Bakri Wala, Surajpol Jaipur

¶11

The Oriental Insurance Company, Jaipur

¶12

Ummed Singh S/o Madan Singh Rajput R/o Manda Bhankri,

¶13

P.S. Pragpura, Jaipur.

¶14

Ajay Mehta S/o Chanchal Raj Mehta, R/o 38, Gangwal Park

¶15

Jaipur

¶16

United India Insurance Company, Jaipur.

¶17

----Respondents

¶18

For Appellant(s) : Mr. Shahjahan Adv. on behalf of Mr. Sarfaraz Hyder Adv. For Respondent(s) : None.

¶19

HON'BLE MRS. JUSTICE SABINA Judgment

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03/07/2018

¶21

Appellant has filed this appeal, challenging the award dated 28.11.1994 passed by the Motor Accident Claims Tribunal, seeking enhancement of compensation amount.

¶22

(2 of 2)

¶23

[CMA-318/1995]

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I have heard learned counsel for the appellant and have

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gone through the record available on the file carefully.

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None has appeared on behalf of the respondents.

¶27

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 on 22.06.1986. Tribunal vide award dated 28.11.1994 has granted compensation to appellant to the tune of Rs.20,000/-. Appellant had suffered injuries on her feet and head. Stitches had been applied on her wounds and she has also undergone Plastic Surgery. It has been noticed by the Tribunal that it was the case of the appellant that she had spent Rs.10,000/- on her treatment and had lost wages for two months. She was earning Rs.840/- per month. Tribunal had granted Rs.20,000/- by way of compensation to the appellant.

¶28

Keeping in view the facts and circumstances of the present case, no ground for enhancement of compensation amount is made out.

¶29

Dismissed.

¶30

S.Kumawat/D-1

Lelamma K. Josep v. Mumtaz

Case brief

What is this about?

What did the court decide?

Lelamma K. Josep v. Mumtaz

Case brief

What is this about?

What did the court decide?

What the court decided

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