The High Court dismissed the appellant’s appeal against the Motor Accident Claims Tribunal’s award of compensation. The court held that Rs.93,248/- was the minimum possible award for the deceased’s death and refused to interfere.
The appeal filed under Section 173 of the Motor Vehicles Act, 1988 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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 985/2023
Icici Lambard Motor Insurance Company Ltd, Ground Prm Tower, Plot No. 947 On 10Th D Road, Sardarpura, Jodhpur Rajasthan342003
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Vinay Kothari Mr. Ayush Goyal
HON'BLE MS. JUSTICE REKHA BORANA
Order
15/02/2024
The learned Tribunal, vide impugned judgment/award awarded a sum of Rs.93,248/- as compensation with interest
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@6% per annum from the date of filing of claim petition i.e. 05.01.2013.
2. The case of the claimants is that on 26.09.2012, while Ramaram was walking along with his grandson from Bheswada Bus Stand, at about 11.15 AM, offending vehicle i.e. Indica Car bearing registration No.RJ07-CA-1577, being driven rashly and negligently on wrong side by its driver, hit Ramaram from the back as a result of which Ramaram died on spot.
3. The claimants claimed compensation to the tune of Rs.10,00,000/-. However, the learned Tribunal after framing the issues, evaluating the evidence available on the record and after hearing the counsel for the parties, awarded total compensation of Rs.93,248/- in favour of the claimants with interest @6% per annum in favour of the claimants.
4 . As is clear on record, the deceased was a pensioner receiving a pension of Rs.6354/- per month. The learned Tribunal awarded compensation qua the following heads:
| ्ቅ.सं. | वि��रण/ मद | राशि� |
|---|---|---|
| 1. | आቦኌ�तता/बचत के मद की ्ቌतित में | 76,248 |
| 2. | अंतितम संस्कार के मद में | 15,000 |
| 3. | परिरवहन मद | 2,000 |
| कुल योग | 93,248 |
5 . Considering the amount as awarded by the learned Tribunal, this Court is of the view that the same is the least possible amount which could have been awarded by the learned Tribunal. A meagre amount of Rs.93,248/- qua death of a deceased earning
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a pension of Rs.6354/- per month cannot be interfered with on any ground whatsoever.
6 . This Court does not find any ground to interfere with the judgment/award and the appeal is hence, dismissed on the aforementioned sole ground.
7 . Stay application and all pending applications, if any, stand disposed of .
(REKHA BORANA),J
160-T.Singh/-
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal for the death of a pensioner was too low to warrant interference.
1 provisions across 1 enactments
Icici Lambard Motor Insurance Company Ltd
Ansi Devi
Babli Devi
Mohanlal
Mobin Khan
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
