In this civil miscellaneous appeal, the High Court of Rajasthan dismissed the appellant's challenge against the Motor Accident Claims Tribunal's award of Rs. 55,462. The Court held the amount, covering grievous injury and medical bills without physical disability, is just and reasonable. Consequently, the appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 691/2019
Ajay S/o Shri Babulal, Aged About 28 Years, B/c Khatik R/o Village Banskho Ps Bassi District Jaipur City East Rajasthan
Versus
3. Iffco Tokyo General Insurance Company Limited Through Branch Manager Legal, A-13 And 37 Third Floor Hanuman Nagar, Near Rajputana Hospital Sirsi Road Jaipur Rajasthan - Insurance Company
For Appellant(s) : Mr. Satish Kumar on behalf of Mr. H.P. Bairwa
For Respondent(s)
HON'BLE MR. JUSTICE PRAKASH GUPTA
Judqment
2O/QSb2019
Instant Civil Misc. Appeal has been filed by the appellant-claimant challenging the judgment and award dated 29.11.2018 passed by the Motor Accident Claims Tribunal, Dausa (for short 'the Tribunal'), whereby, the tribunal awarded a surri of Rs.55,462/to claimant-appellant as compensation along with interest @ 7% per annum from the date of filing of the claim petition.
(2 of 2)
[CMA-691/2019]
Learned counsel for the appellant' has submitted that the appellant sustained grievous injuries. The compensation awarded by the tribunal was on the lower side and the same is required to be enhanced.
I have considered the submissions made by the learned counsel for the appellant and have perused the material available on record.
The claim-petition was filed by the appellant seeking compensation on account of injuries sustained by him in a motor vehicle accident which occurred on 12.02.2015. Admittedly the appellant had not suffered any physical disability on account of injuries suffered by him in the accident. It is revealed that the appellant sustained one grievous injury in the accident and for the same he has been granted a sum of Rs.25,000/- and Rs.30,462/towards medical bills proved on record. Thus, the total compensation awarded by the tribunal was Rs.55,462/(25,000+30462) which is, in the facts and circumstances of the case, just and reasonable, therefore, no ground is made out to enhance the same.
Consequently, the appeal fails and is accordingly
dismissed.
(PRAKASrnPTA),J
Mohit Rohila 125
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal to the claimant who sustained no physical disability but one grievous injury is reasonableness requiring enhancement.
Ajay S/o Shri Babulal
Mahendra Kumar S/o Shri Babulal
Narendra Singh S/o Shri Mohan Singh
Iffco Tokyo General Insurance Company Limited
Prakash Gupta
As recorded by the court registry
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