Dismissed

Shri Basruddin and Ors. v. Rajesh and Ors.

Rajasthan HC19 Jan 2019CMA/6607/2017

Case brief

AI extract

What is this about?

In an appeal against a Motor Accident Claims Tribunal award, the Hon'ble Rajasthan High Court rejected claims for enhanced compensation. Upholding the Tribunal's award of Rs. 5,80,000 plus interest for the death of a 16-year-old student, the court found the amount just and reasonable under Section 166 of the Motor Vehicles Act, 1988.

What did the court decide?

Appeal dismissed; compensation of Rs. 5,80,000 and interest at 6% per annum maintained.

Shri Basruddin and Ors. Vs Rajesh and Ors. — Motor Accident Claims | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 6607/2017

¶3

Shri Basruddin S/o Shri Rahmat Khan, Deceaseds Father, B/c Musalman, R/o Dubbi Khurd, Thana Surwal, Tehsil And Distt. Sawai Madhopur.

¶4

Smt. Noorja Bano W/o Shri Basruddin Khan, Deceaseds Mother, B/c Musalman, R/o Dubbi Khurd, Thana Surwal, Tehsil And Distt. Sawai Madhopur.

¶5

Kushbina Bano D/o Shri Basruddin, Deceaseds Sister, B/c Musalman, R/o Dubbi Khurd, Thana Surwal, Tehsil And Distt. Sawai Madhopur.

¶6

----Appellants

¶7

Versus

¶8

Rajesh S/o Ram Swaroop Raiger, B/c Raiger, R/o Dondri, Post Karmoda, Thana Man Town, Sawai Madhopur Raj. Driver Of Vehicle Motor Cycle No. Rj25/sk-0193

¶9

Ram Dayal Raiger S/o Sh. Ram Swaroop Raiger, B/c Raiger, R/o Dondri, Post Karmoda, Thana Mantown, Sawai Madhopur Raj. Registered Owner Of Vehicle Motor Cycle No. Rj25/sk-0193

¶10

The Oriental Insurance Company Limited, Through Branch Manger, Regional Branch Office, Third Floor, Aanand Bhawan, Sansar Chandra Road, Jaipur Raj. Insurer Of Vehicle Motor Cycle No. Rj25/sk-0193

¶11

Rukhsar Ahmad S/o Sh. Nashruddin, B/c Gaddi Musalman, R/o Karmoda, Thana Mantown, Sawai Madhopur Raj. Driver Of Vehicle Motor Cycle No. Rj25/sf2265

¶12

Afsaar Khan S/o Sh. Nashruddin, B/c Gaddi Musalman, R/o Karmoda, Thana Mantown, Sawai Madhopur Raj. Driver Of Vehicle Motor Cycle No. Rj25/sf-2265

¶13

The New India Insurance Company Ltd., Through Branch Manager, Near By Axis Bank, Indira Colony, Sawai Madhopur. Insurer Of Vehicle Motor Cycle No. Rj25/sf2265

¶14

----Respondents

¶15

For Appellant(s) : Mr. L.L. Gupta

(2 of 3)

[CMA-6607/2017]

For Respondent(s) :

HON'BLE MR. JUSTICE PRAKASH GUPTA

¶20

Order

¶21

19/01/2019

¶22

This appeal for enhancement of compensation is directed against the judgment and award dated 09.11.2017 passed by the Motor Accident Claims Tribunal, Sawai Madhopur (for short ‘the tribunal’), whereby, the tribunal has awarded a sum of Rs.5,80,000/- as compensation along with interest @ 6% per annum.

¶23

Brief facts giving rise to this appeal are that the appellants-claimants filed a claim petition under Section 140/166 of the Motor Vehicles Act, 1988 (for short “the Act of 1988”) seeking compensation on account of death of their son Maksood, who died in a motor vehicle accident which occurred on 31.03.2015. It was noticed by the tribunal that accident occurred due to the negligence of the rider of the motorcycle No.RJ-25-SF2265. There is no dispute that at the time of accident, the deceased was aged about 16 years and was a student.

¶24

It is submitted by the learned counsel for the appellants that the tribunal committed an error in awarding lesser compensation.

¶25

On the other hand, learned counsel for the respondent No. has opposed the appeal and supported the impugned award.

¶26

(3 of 3)

¶27

[CMA-6607/2017]

¶28

I have considered the submissions made by the learned

¶29

counsel for the parties and perused the material available on record carefully and minutely.

¶30

Indisputably, the age of the deceased was 16 years at the time of the accident and he was a student. The tribunal awarded a sum of Rs.5,40,000/- as compensation to the appellants. The appellants have been further awarded Rs.40,000/towards non pecuniary heads. Thus, the total compensation awarded by the tribunal was Rs.5,80,000/-. The same is just and reasonable in the facts and circumstances of the case and the same does not require any enhancement.

¶31

Consequently, the appeal fails and is accordingly dismissed.

¶32

(PRAKASH GUPTA),J

¶33

Mohit37

Shri Basruddin and Ors. v. Rajesh and Ors.

Case brief

What is this about?

What did the court decide?

Shri Basruddin and Ors. v. Rajesh and Ors.

Case brief

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What did the court decide?

What the court decided

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