Allowed

Devi Lal v. R.S.R.T.C. and Anr.

Rajasthan HC4 Jan 2019CMA/558/2015

Case brief

AI extract

What is this about?

In an appeal under Section 173 of the Motor Vehicles Act, 1988, the High Court, inspired by Lok Adalat principles, agreed to enhance the compensation awarded to the appellant-claimant for road accident injuries, directing the respondent Corporation to pay the enhancement within four weeks.

What did the court decide?

Compensation enhanced to Rs. 1,00,000/-; Respondent Corporation directed to pay Rs. 25,889/- within four weeks or deposit with Tribunal.

Devi Lal Vs R.S.R.T.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. 558/2015

¶3

Devi Lal S/o Shri Kalu Darji, aged about 41 years, R/o Village Singolishyam, P.S. Bigod, Bhilwara.

¶4

----Appellant

¶5

Versus

¶6

Rajasthan State Road Transport Corporation through its Chief Manager, Bhilwara, Depot, Bhilwara.

¶7

Madandas S/o Prabhudas Vaishnav, R/o Katunda, P.S. Parsoli, District Chittorgarh at presently working as Driver, Rajasthan State Road Transport Corporation, Bhilwara Depot, Bhilwara.

¶8

----Respondent

¶9

For Appellant(s) : Mr. Hari Singh for Mr. Manish Pitaliya For Respondent(s) : Mr. M.R. Pareek.

¶10

HON'BLE MR. JUSTICE P.K. LOHRA

¶11

Judgment

¶12

04/01/2019

¶13

Appellant-claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘Act’) with a prayer for enhancement of compensation quantified and awarded by Motor Accident Claims Tribunal, Bhilwara, vide its judgment and award dated 11.11.2014. Learned Tribunal, while adjudicating appellant’s claim under Section 166 of the Act, has awarded compensation to the tune of Rs.74,111/-with interest for the injuries suffered by him in a road accident which occurred on 25.01.2006.

¶14

The only contention of learned counsel for the appellant is that compensation awarded by the learned Tribunal is grossly

¶15

(2 of 3)

¶16

[CMA-558/2015]

¶17

inadequate and even not satisfying the requirements of just and fair compensation within the meaning of Section 168 of the Act.

¶18

Learned counsel appearing for respondent-Corporation submits that the Corporation is prepared to settle the matter perpetually by enhancing the amount of compensation commensurating with the guidelines issued by Rajasthan State Legal Services Authority (for short, ‘Authority’).

¶19

While agreeing with the proposal of learned counsel for the Corporation and inspired by the spirit of Lok Adalat, learned counsel appearing for the appellant has also consented for deciding the matter in the spirit of Lok Adalat to enhance the amount of compensation in terms of guidelines issued by the Authority.

¶20

As agreed by learned counsel for the parties, the amount of compensation awarded by learned Tribunal merits enhancement by Rs.25,889/-.

¶21

In view thereof, the impugned award is accordingly modified and the total amount of compensation is redetermined and quantified to the tune of Rs.1,00,000/- including the interest. The respondent-Corporation is, therefore, directed to pay the enhanced amount of Rs.25,889/-, which is inclusive of interest, within a period of four weeks from today or deposit the same with the learned Tribunal. In case, the enhanced amount of compensation is deposited with the learned Tribunal, the Tribunal

¶22

(3 of 3)

¶23

[CMA-558/2015]

¶24

shall disburse the same to the appellant-claimant in accordance with law.

¶25

Before parting, it is made clear that in case the enhanced amount of compensation is not paid by the Corporation within four weeks, then, the same shall carry interest @ 9% per annum from the date of filing of this appeal.

¶26

(P.K. LOHRA),J

¶27

130-a.asopa/-

Devi Lal v. R.S.R.T.C. and Anr.

Case brief

What is this about?

What did the court decide?

Devi Lal v. R.S.R.T.C. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Durga Cold Storage Vs Chairman, Jdvvnl and Anr.

Mukesh Acharya Vs Ganga Vishan and Ors.

Dine Khan Vs the Regional Forest Officer, Siwana

Rekha Choudhary Vs State of Rajasthan

Kiran Kumar Vs Lrs of Geeta Devi

Rathi Steel and Power Limited Vs M/S Raj Lime Product