Partly allowed

Chand Mal v. O.I.C. and Anr.

Rajasthan HC28 Aug 2019CMA/1374/2014

Case brief

AI extract

What is this about?

In this motor accident claims appeal, the High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal. The Court found the original award insufficient for the appellant's 20% disablement, hospitalization, and 146 days of absenteeism, directing an additional payment of Rs. 1,25,000/-.

What did the court decide?

The Tribunal's award is modified; the appellant is entitled to an enhanced amount of Rs. 1,25,00/- in addition to the awarded sum.

Chand Mal Vs O.I.C. and Anr. — Motor Accident Claims | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Misc. Appeal No. 1374/2014

Chand Mal

----Appellant

Versus

O.I.C. And Anr.

----Respondents

For Appellant(s) : Mr. Manish Pitaliya For Respondent(s) : Mr. Sunil Purohit

¶9

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

¶10

Judgment

¶11

28/08/2019

¶12

The present appeal has been preferred by the appellant for enhancement of the amount awarded by the learned Motor Accident Claims Tribunal, Bhilwara vide Award dated 24.05.2014 in Motor Accident Claim Case No.266/2010.

¶13

The present appellant preferred a claim petition on various grounds before the learned Motor Accident Claims Tribunal, Bhilwara for grant of compensation. The reply was filed on behalf of the respondent/s denying the allegations in the claim petition. Thereafter, on completion of the pleadings, the learned Tribunal framed the issues.

¶14

After hearing the counsel for the parties, the learned Tribunal decided the claim petition of the appellant and awarded a sum of Rs.1,37,093/- in favour of the appellant and directed the respondents to pay an interest @ 6% per annum on the amount

(2 of 3)

[CMA-1374/2014]

awarded.

Learned counsel for the appellant submits that the appellant has suffered disablement to the extent of 20% and on this account, the Tribunal has only awarded Rs. 1,37,093/-. He further submits that the appellant has suffered 02 simple and 01 grievous injuries for which he was hospitalized for 18 days and he was on Medical Leave for about 146 days but the Tribunal has awarded only Rs. 9,000/- towards the hospitalization and no amount has been awarded for the Medical Leave on account of the fact that the same has been reimbursed by the Department by granting medical leave. Counsel for the appellant submits that although the appellant is a Government Servant but on account of this accident, he has absented himself from duties which otherwise would have been utilized by him in future, if he had not met with an accident in the present case.

¶19

Per contra, the learned counsel for the respondents submits that the amount awarded by the Tribunal is just and proper. The Tribunal has taken into consideration all the factors relevant in the matter and has passed the award of compensation perfectly in conformity with the provisions of law.

¶20

I have considered the submissions made at the Bar and perused the material available on record.

¶21

The amount awarded towards the disablement is not in conformity with the disability suffered and the amount towards the hospitalization as well as absenting from duty for about 146 days is required to be suitably compensated.

¶22

(3 of 3) [CMA-1374/2014]

¶23

In the opinion of this Court, considering the factors mentioned above, Rs. 1,25,000/- is just an amount which is required to be enhanced.

¶24

Accordingly, the present Misc. Appeal is partly allowed and the award of the Tribunal dated 24.05.2014 is modified to the extent that the appellant/claimant is entitled to get the enhanced amount of Rs. 1,25,000/-. The enhanced amount is directed to be paid to the appellant by the Insurance Company within a period of Six weeks from today.

¶25

Record of the learned Tribunal be sent back immediately.

¶26

(VINIT KUMAR MATHUR),J

¶27

210-SunilS/-

Chand Mal v. O.I.C. and Anr.

Case brief

What is this about?

What did the court decide?

Chand Mal v. O.I.C. and Anr.

Case brief

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What did the court decide?

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