Partly allowed

Shanker Lal v. Kailashpuri and 0ORS

Rajasthan HC20 Aug 2019CMA/3309/2011

Case brief

AI extract

What is this about?

Civil Appellant challenged the Motor Accident Claims Tribunal award in a RTC accident case. The High Court partly allowed the appeal, enhancing the compensation for hospitalization from the tribunal's order to Rs. 9,000 with 6% interest.

What did the court decide?

Enhanced the award by Rs. 9,000 for hospitalization expenses to be paid within four weeks at 6% p.a. interest; directed disbursement of already deposited insurance funds to claimants.

Shanker Lal Vs Kailashpuri and 0ORS — Contract and Commercial Disputes | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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S.B. Civil Misc. Appeal No. 3309/2011

Shanker Lal

----Appellant

Versus

Kailashpuri And 0Ors

----Respondent

For Appellant(s) : Mr. A.K.Acharya. For Respondent(s) : Mr. D.S.Nimla.

¶9

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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20/08/2019

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The present appeal has been filed against the judgment and award dated 09.03.2009 passed by learned Judge, Motor Accident Claims Tribunal, Bali District Pali in Motor Accident Claim Case No.199/2007.

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Briefly the facts necessary to be narrated are that on 21.02.2007, Appellant-claimant Shanker Lal and two other persons Likhma Ram and Mahendra were coming from Falna to Sadri on Motorcycle No.RJ-22M/6139, at some distance from Mundara, the respondent No.1 while driving the Mini Bus No.RJ22P-0280 hit the motorcycle due to which the appellant-claimant fell on the ground and sustained grievously injuries.

¶14

The appellant-claimant filed a claim petition before the Motor Accident Claims Tribunal, Bali District Pali claiming compensation to the tune of Rs.25,09,300/- under different heads. The respondents No.1 & 2 jointly filed reply to the claim petition denying the averments made in the claim petition i.e. 19.09.2007.

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(2 of 3)

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[CMA-3309/2011]

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After completion of the pleading and hearing both the parties, the learned tribunal partly allowed the claim petition filed by the appellants-claimants and awarded a sum of Rs.25, 09, 300/-. Hence, this appeal for enhancement of award.

¶18

Heard learned counsel for the parties.

¶19

The counsel for the parties fairly submit that except the amount towards the appellant being hospitalized for 15 days, the computation had been correctly assessed and awarded by the learned tribunal. The counsel for the parties rely upon the scheme framed by Legal Service Authority for awarding just and suitable compensation in the matter for the injuries sustained during the accident.

¶20

As per the aforesaid scheme, the parties agree that the appellant is entitled to Rs.600/- per day for the period, he remained hospitalized for treatment due to the injuries sustained in the accident.

¶21

In view of above, I am of the view that the appellant would be entitled to an amount of Rs.600 x 15=9000/- (Rupees Nine thousand only). Accordingly, the appeal is partly allowed and impugned judgment and award dated 09.03.2009 passed by the learned tribunal is modified to the extent of awarding an amount of Rs.9000/- in favour of the appellant in addition to the amount awarded by the tribunal. The enhanced amount awarded is required to be paid by the respondents within a period of four weeks from today with an interest at the rate of 6% per annum from the date of filing of the claim petition.

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It is clarified that the amount already deposited by the insurance company in pursuance of the judgment and award dated

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(3 of 3)

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[CMA-3309/2011]

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09.03.2009 passed by the tribunal is required to be disbursed to the claimants at the earliest, if not already disbursed.

¶26

(VINIT KUMAR MATHUR),J

¶27

66-Anil Singh/-

Shanker Lal v. Kailashpuri and 0ORS

Case brief

What is this about?

What did the court decide?

Shanker Lal v. Kailashpuri and 0ORS

Case brief

What is this about?

What did the court decide?

What the court decided

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