Partly allowed

Madan Lal and Anr. v. Natharam and Ors.

Rajasthan HC28 Aug 2019CMA/1959/2015

Case brief

AI extract

What is this about?

In this appeal against a Motor Accident Claims Tribunal award of Rs. 1,80,000 for the death of a 7-year-old, the High Court of Rajasthan enhanced the compensation to Rs. 1,70,000 (note: text inconsistency where guideline states Rs. 3,50,000 but order modifies to Rs. 1,70,000) per settled guidelines, directing payment with interest.

What did the court decide?

Tribunal award modified to enhance amount to Rs. 1,70,000; payment directed within four weeks with 7% interest.

Madan Lal and Anr. Vs Natharam and Ors. — Motor Accident Claims | Rajasthan HC (2019)

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(1 of 2)

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[CMA-1959/2015]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 1959/2015

Madan Lal And Anr.

----Appellants

Versus

Natharam And Ors.

----Respondents

For Appellant(s) : Mr. Hemant Bhati for Mr. Sanjay Nahar For Respondent(s) : Mr. Santosh Choudhary

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment

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28/08/2019

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The present appeal has been preferred by the appellants for enhancement of the amount awarded by the learned Motor Accident Claims Tribunal, Bikaner vide Award dated 24.06.2015 in Motor Accident Claim Case No.63/2009.

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The present appellants preferred a claim petition on various grounds before the learned Motor Accident Claims Tribunal, Bikaner 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.

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After hearing the counsel for the parties, the learned Tribunal decided the claim petition of the appellants and awarded a sum of Rs.1,80,000/- in favour of the appellants and directed the respondents to pay an interest @ 7.5% per annum on the amount awarded.

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(2 of 2)

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[CMA-1959/2015]

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Learned counsel for the appellants submits that admittedly the deceased in the present case is Kumari Mooli who was 07 years of age. The Tribunal has awarded a compensation to the tune of Rs. 1,80,000/-.

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Learned counsel for the parties submit that as per the revised guidelines of settlement of MACT Cases issued by the Rajasthan State Legal Services Authority, in case of the death of a child between the age of 05 years to 10 years, Rs. 3,50,000/should be awarded as a just compensation. The same is in accordance with the judgment of the Hon’ble Supreme Court in the case of Kishan Gopal V/s Lala reported in 1996 ACJ 1044 .

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Learned counsel for the respondents do not dispute the proposition argued by the learned counsel for the appellants.

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I have considered the submissions and taking into consideration the fact that admittedly the deceased was 07 years of age and the Tribunal has only awarded a sum of Rs. 1,80,000/-, therefore, the same is required to be enhanced to Rs. 3,50,000/-.

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Accordingly, the appeal is partly allowed and the award of the Tribunal dated 24.06.2015 is modified to the extent that the appellant/claimants are entitled to the enhanced amount of Rs. 1,70,000/-. The enhanced amount is directed to be paid to the appellants by the Insurance Company within a period of four weeks from today. The enhanced amount shall carry an interest @ 7% from the date of filing of the claim petition.

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Record of the learned Tribunal be sent back immediately.

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(VINIT KUMAR MATHUR),J

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209-SunilS/-

Madan Lal and Anr. v. Natharam and Ors.

Case brief

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Madan Lal and Anr. v. Natharam and Ors.

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