Partly allowed

Bheru Lal v. Prakash

Rajasthan HC2 Sept 2024CMA/3646/2019

Case brief

AI extract

What is this about?

The High Court enhanced the compensation awarded to two injured claimants in a motor vehicle accident case. Based on Supreme Court guidelines, the Court recalculated damages for disability and hospitalization, ordering the respondents to deposit the enhanced amounts with interest.

What did the court decide?

Enhanced compensation of Rs. 30,241 and Rs. 33,500 to be paid with interest to claimants.

Bheru Lal Vs Prakash — Motor Accident Claims | Rajasthan HC (2024)

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[2024:RJ-JD:36325]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 3596/2019

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Ram Lal S/o Shri Shankar Lal Ji, Aged About 40 Years, R/o Bhimlod Post, Sadalkhera, Tehsil Bhadesar, District Chittorgarh.

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----Appellant

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Versus

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1. Prakash S/o Sh. Lachi Ram Ji, Age Major, R/o Karunda, Tehsil Choti Sadari, District Pratapgarh, Rajasthan. (Driver Of Vehicle Maruti Van No. Rj-09-Ua-2536)

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1. National Insurance Company Ltd., Through Its Branch Manager, The National Insurance Co. Ltd., Under The Meera Hotel, Railway Station Road, Chittorgarh (Rajasthan) (Insurer Of Vehicle Maruti Van No. Rj-09-Ua2536)

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----Respondents

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Connected With

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S.B. Civil Misc. Appeal No. 3646/2019

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Bheru Lal S/o Sh. Champa Lal Ji, Aged About 31 Years, R/o Bhimlod Post, Sadalkhera, Tehsil Bhadesar, District Chittorgarh.

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----Appellant

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Versus

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1. Prakash S/o Sh. Lachi Ram Ji, Aged Major, R/o Karunda, Tehsil Choti Sadari, District Pratapgarh. Rajasthan (Driver Of Vehicle Maruti Van No. Rj-09-Ua-2536)

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National Insurance Company Ltd., Through Its Branch Manager, The National Insurance Co. Ltd., Under The Meera Hotel, Railway Station Road, Chittorgarh (Rajasthan) (Insurer Of Vehicle Maruti Van No. Rj-09-Ua2536)

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----Respondents

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For Appellant(s)	: Mr. D.S. Gaur for appellants/claimants.
For Respondent(s)	: Mr. T.R.S. Sodha for respondent- Insurance Company

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HON'BLE DR. JUSTICE NUPUR BHATI Order

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02/09/2024

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By way of the present misc. appeals the appellants challenge legality and validity of the judgment/award dated 05.04.2019 passed by the learned Judge, MACT, Chittorgarh in Claim Cases Nos.223/2014 (Bherulal v. Prakash & Anr.) and No.224/2014 (Ramlal v. Prakash & Anr.), whereby quantum of compensation was awarded in favour of the appellants.

[2024:RJ-JD:36325]

[CMA-3596/2019]

(2 of 4)

Succinctly stated facts of the case are that on 21.01.2014, Bheru Lal and Ramlal were going on a motorcycle from Village Chikarda to Village Bhimlod. At around 6.00 pm, when they reached near Sadalkhera turn, the respondent No.1 driving the van in a rash and negligent manner, hit the motorcycle and due to which, both Bherul Lal and Ramlal received grievous injuries. FIR No.11/2014 was lodged at Nikumbh Police Station District Chittorgarh and after investigation, a charge-sheet came to be filed against owner/driver-respondent No.1. A reply was filed on behalf of the Insurance Company denying the averments made by the claimants in the claim petition. As per pleadings, issues were framed by the learned Tribunal and after hearing both the parties, the learned Tribunal passed the award in favour of the appellants/ claimants and being dissatisfied from the award, the appellants have preferred these misc. appeals.

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Learned counsel for the appellants submits that the award passed by the learned Tribunal towards pain and suffering and loss of income suffered during the medical treatment, is slightly on a lower side and thus, the same needs to be enhanced.

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Per contra, learned counsel representing the respondentInsurance Company vehemently opposes the submissions advanced by the appellants’ counsel and prays for dismissal of these appeals.

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I have heard and considered the submissions advanced at Bar and have carefully gone through the material available on record.

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Since, there is no dispute in the factual matrix of the case, both the counsel were directed to jointly submit the calculation of

(3 of 4)

[2024:RJ-JD:36325]

[CMA-3596/2019]

the compensation awardable to the claimants afresh in light of the guidelines laid down by the Hon’ble Supreme Court in the case of National Insurance Company Limited v. Pranay Sethi & Ors. [(2017)16 SCC 680] . The compensation is enhanced in the following manner:-

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SBCMA No.3596/2019 (Ram Lal Vs. Prakash & Anr.) :-

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Rs.25,000/- + Rs.4,000/- x 15% (permanent disability)	Rs.85,000/-
(Add) 20% Pain & Sufferings	Rs.17,000/-
(Add) 8 days hospitalization (Rs.1,100 x 8)	Rs.8,800/-
(Add) Medical Bills	Rs.42,441/-
TOTAL	Rs.1,53,241/-
(Less) Already awarded by the learned Tribunal	Rs.1,23,000/-
GRAND TOTAL (enhanced amount)	Rs.30,241/-

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SBCMA No.3646/2019 (Bherulal Vs. Prakash & Anr.) :-

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Rs.25,000/- + Rs.5,000/- x 35% (permanent disability)	Rs.2,00,000/-
(Add) 25% Pain & Sufferings	Rs.50,000/-
(Add) 19 days hospitalization (Rs.1,100/- x 19)	Rs.20,900/-
(Add) Medical Bills	Rs.92,054/-
TOTAL	Rs.3,62,954/-
(Less) Already awarded by the learned Tribunal	Rs.3,29,454/-
GRAND TOTAL (enhanced amount)	Rs.33,500/-

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As a consequence, these misc. appeals are partly allowed. The amount of compensation payable to the claimants is further enhanced by Rs.30,241/- (SBCMA No.3596/2019) and Rs.33,500/- (SBCMA No.3646/2019) in the terms stated above. The enhanced amount shall carry interest @ 6% per annum from the date of filing of claim petition till the date of deposit. The respondents are accordingly directed to deposit the said enhanced compensation to the claimants in their savings bank account

(4 of 4)

[2024:RJ-JD:36325]

[CMA-3596/2019]

within a period of ‘two months’ from the date of receipt of certified

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copy of this order failing which, the interest shall stand enhanced

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@ 7.5% per annum.