Dismissed

Mukesh Kumar S/O Shri Noparam v. Dilbagh S/O Balbeer

Rajasthan HC10 Nov 2022CMA/2374/2022

Case brief

AI extract

What is this about?

In this S.B. Civil Miscellaneous Appeal, the High Court rejected the appellant's contention that the compensation awarded by the Tribunal was inadequate. The Court held the assessed amount of Rs.01,76,245/- for 10% permanent disability just and reasonable, dismissing the appeal.

What did the court decide?

Appeal dismissed; pending applications, if any, also dismissed.

Mukesh Kumar S/O Shri Noparam Vs Dilbagh S/O Balbeer — Motor Accident Claims | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 2374/2022

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Mukesh Kumar S/o Shri Noparam, Aged About 26 Years, R/o Deeppura Rajaji Tehsil Dhod, District Sikar (Raj.)

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----Appellant/Claimant

¶5

Versus

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Dilbagh S/o Balbeer, R/o Beriyan Police Station Hisab Tehsil And District Hisab (Haryana) (Registered Vehicle Pick Up No. Hr-39-C-6452)

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United India Insurance Company Limited, Through Local Branch Manager Devipura Jaipur Road, Sikar District Sikar (Raj.) (Insurance Company Vehicle Pick Up No. Hr 39-C6452)

¶8

---Non-Claimants-Respondents

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For Appellant(s) : Mr. Akshat Choudhary, Adv. For Respondent(s) :

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Judgment

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10/11/2022

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Instant appeal has been preferred by the appellant-claimantMukesh Kumar against the impugned judgment and award dated 01.07.2022 passed by the Motor Accident Claims Tribunal, Seekar in MAC Case No.307/2019 (for short ‘the Tribunal’) by which claim petition filed by the appellant-claimant has been allowed and the respondent-Insurance Company was directed to pay the amount of compensation to the tune of Rs.01,76,245/- with interest @ 8% per annum from the date of filing of the claim petition.

¶14

Learned Tribunal after framing the issues, evaluating the evidence on record and after hearing counsel for the parties, decided the claim petition of the claimant-appellant and awarded

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(2 of 2)

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[CMA-2374/2022]

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compensation to the tune of Rs.01,76,245/- under various heads in favour of the claimant-appellant.

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Counsel for the claimant-appellant submits that looking to the injuries sustained by the claimant-appellant, an inadequate amount of compensation has been awarded, which needs suitable enhancement by this Court.

¶19

I have considered the submissions made at the Bar and gone through the judgment and award dated 01.07.2022 passed by the Tribunal.

¶20

Perusal of the impugned judgment and award indicates that the appellant-claimant has sustained injuries which resulted into 10% permanent disability. The Tribunal has passed the amount of compensation under various heads looking to the injuries and the permanent disability suffered by the appellant-claimant, thus amount so assessed by the Tribunal appears to be just and reasonable.

¶21

It is a settled proposition of law that amount of compensation cannot be claimed as a windfall. The Tribunal has not committed an error in granting compensation of Rs.01,76,245/- in favour of the claimant-appellant. Thus, amount so awarded by the Tribunal is quite adequate, hence no interference of this Court is warranted.

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Accordingly, the appeal is hereby dismissed.

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All pending application(s), if any, also stand(s) dismissed.

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(ANOOP KUMAR DHAND),J

¶25

PRAVESH/5

Mukesh Kumar S/O Shri Noparam v. Dilbagh S/O Balbeer

Case brief

What is this about?

What did the court decide?

Mukesh Kumar S/O Shri Noparam v. Dilbagh S/O Balbeer

Case brief

What is this about?

What did the court decide?

What the court decided

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