Partly allowed

Omkarmal Jat @ Onkar S/O Chandra Ram v. Puranmal Yogi S/O Ramunath

Rajasthan HC10 Jan 2019CMA/4054/2018

Case brief

AI extract

What is this about?

The High Court allowed the appeal against the Motor Accident Claims Tribunal's award in a motor accident claim. The Court enhanced the compensation for pain, suffering, and future earning from Rs. 60,000 to Rs. 1,00,000, reversing the earlier aggregate award.

What did the court decide?

The compensation receivable by the claimant was enhanced to Rs. 1,58,271. The Insurance Company was directed to deposit the enhanced amount with interest.

Omkarmal Jat @ Onkar S/O Chandra Ram Vs Puranmal… — Motor Accident Claims | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 4054/2018

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Omkarmal Jat @ Onkar S/o Chandra Ram, Aged About 65 Years, B/c Caste Jat R/o Village Ratanpura Jatan Police Station Manoharpur Tehsil Jamwaramgarh District Jaipur

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----Appellant

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Versus

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Puranmal Yogi S/o Ramunath, B/c Yogi R/o Plot No. A-77 Jda Colony Naradpura Police Station Amer Jaipur (Driver Low Floor Bus No. Rj-14-Pb-4199)

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M/s Jaipur Sahar Transport Seva Limited Through Dy. Commissioner (Brts) Jctsl Through Commissioner, Jda Rk Vyas Bhawan Jln Marg Jaipur (Owner Low Floor Bus No. Rj-14-Pb-4199)

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Rajya Beema Avam Sadharan Beema Nidhi Through Assistant Director General Insurance, Vitt Bhawan D Block 2Nd Floor Janpath Jaipur (Insurer Low Floor Bus No. Rj14-Pb-4199)

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----Respondents

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For Appellant(s) : Mr. Vinay Mathur For Respondent(s) :

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Judgment / Order

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10/01/2019

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This appeal for enhancement of compensation is directed against the judgment and award dated 01.06.2018 passed by the Motor Accident Claims Tribunal No.1, Jaipur Metropolitan, Jaipur (for short ‘the tribunal’), whereby, the tribunal awarded a sum of Rs.1,18,500/- as compensation along with interest @ 7% per annum from the date of filing of the claim petition.

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(2 of 3)

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[CMA-4054/2018]

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It is submitted by the learned counsel for the appellant that the tribunal committed an error in awarding lesser compensation. As per permanent disability certificate Ex.11 the appellant had suffered permanent physical disability to the extent of 20%. However, the Tribunal has awarded lump sum compensation to the tune of Rs.60,000/- only. The same is inadequate and required to be enhanced.

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I have considered the rival submissions made by the learned counsel for the parties and perused the material available on record.

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The claim-petition was filed by the appellant seeking compensation on account of injuries sustained by him in a motor vehicle accident which had occurred on 6.9.2010. As per permanent disability certificate (Ex.11), the appellant had suffered permanent physical disability to the extent of 20%. There is no dispute that his two fingers of the right leg were amputed. The Tribunal has awarded a sum of Rs.60,000/- as compensation towards mantal agony, pain and suffering, loss of future earning and future medical expenses. Considering the age of the appellant, the permanent disability suffered by him and other facts and circumstances of the case, the amount of compensation is enhanced from Rs.60,000/- to Rs.1,00,000/-. The amount awarded by the Tribunal under other heads i.e. Rs.58,271/(45771+12500) have not been disputed by either of the learned counsel for the parties. Thus, the appellant would be entitled to receive Rs.1,58,271/- (100000+45771+12500) as compensation.

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(3 of 3)

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[CMA-4054/2018]

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Accordingly, this appeal is partly allowed. Impugned award dated 01.06.2018 is modified to the extent that the compensation amount receivable by the claimant is Rs.1,58,271/instead of Rs.1,18,500/- as awarded by the Tribunal. Remaining terms and conditions of the award shall be the same. The Insurance Company shall deposit the enhanced amount along with the interest @ 7% per annum from the date of filing of the claim petition till date of payment with the Tribunal within a period of three months from today.

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(PRAKASH GUPTA),J

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Mohit57

Omkarmal Jat @ Onkar S/O Chandra Ram v. Puranmal Yogi S/O Ramunath

Case brief

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Omkarmal Jat @ Onkar S/O Chandra Ram v. Puranmal Yogi S/O Ramunath

Case brief

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