Rajasthan High Court - Jodhpur
Praveen Singh @Prem Singh vs Feroz Khan And Ors (2024:Rj-Jd:30309) on 16 July, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:30309]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 3057/2011
Praveen Singh @prem Singh S/o Shri Raghunand Choudhary, r/o
Jat Mohalla, Nathdwara, district Rajasmand.
----Appellant
Versus
1. Feroz Khan S/o Shri Fida Hussain; r/o Dhoinda,rajnagar,
District Rajasmand.
2. Shri Mohammed Bhai Suleman S/o Quareshiwala, r/o
Modasa, Tehsil Nathdwara, District Rajasmand.
3. Devilal S/o Shri Pannalal Kumawat, r/o Badarda, District
Rajasmand.
4. The new India Insurance Co.Ltd., Udaipur
----Respondent
For Appellant(s) : Mr Rishabh Shrimali
For Respondent(s) : Mr Jagdish Vyas
HON'BLE DR. JUSTICE NUPUR BHATI
Order 16/07/2024
1. This Civil Miscellaneous Appeal has been filed by the Appellant-Claimant under Section 173 of the Motor Vehicles Act 1988 for enhancement of compensation awarded by the by Motor Accident Claim Tribunal Rajasmand vide award dated 09.07.2002 in Claim case No.108/2000 whereby the Tribunal has awarded compensation of Rs 1,17,000/- along with 9% interest.
2. Brief facts of the case are that the Claimant-Appellant Praveen filed a claim petition before the learned Tribunal stating therein that on 13.01.2000 he was travelling to Nathdawara by bike when one truck bearing registration No. GJ 9/V-7035 came from opposite side and hit the claimant-Appellant and as a result (Downloaded on 02/08/2024 at 09:15:22 PM) [2024:RJ-JD:30309] (2 of 6) [CMA-3057/2011] claimant-appellant was injured and the appellant claimed compensation of Rs 12,14,000/-.
3. The Respondent No.1 filed no reply and ex parte proceedings were initiated against the respondent No.1. However, respondent No.4 filed the reply while denying the averments in the claim petition. Thereafter 5 issues were framed. Thereafter on 09.07.2002 the learned Tribunal passed the award granting compensation of Rs 1,17,000/-. The appellant being aggrieved by the award dated 09.07.2002 has preferred this appeal for enhancement of the compensation.
4. Learned counsel for the appellant submits that the learned Tribunal has erred in not allowing the claimed amount and the learned Tribunal has erred in awarding only a sum of 15000/- under the head of physical and mental agony to the claimant- appellant and Rs 12000/- in the case of fracture of elna bone. He also submits that the learned Tribunal has erred in awarding a meagre amount of Rs 20,000/- under the head of medical treatment expenses and only a sum of Rs 15000/- under the head of medicines and moreover, only a sum of Rs 5000/- has been awarded under the head of loss of income.
5. Learned counsel for the appellant submits that while assessing compensation for personal injuries the learned Tribunal should consider the long term impact on the individual's earning capacity even if the individual continues in service because the disablement has affected the efficiency of the claimant to discharge his duties and the future income as well. The appellant (Downloaded on 02/08/2024 at 09:15:22 PM) [2024:RJ-JD:30309] (3 of 6) [CMA-3057/2011] in support of his contentions placed reliance on the judgement passed by the Hon'ble Apex Court in the case of Hari Om Const. Versus National Insurance Company Ltd & Ors (2022 4 TAC
731) and Babu lal versus Gopa Ram and Ors (2007(5) RCR (Civ) 753.
6. Learned counsel for the respondent submits that the accident occurred due to the carelessness of the claimant and there is no fault of the truck driver and thus claim does not sustain. He further submits that the driver did not have the license and thus, the insurance company cannot be made liable.
7. Learned counsel for the respondent also submits that due to the accident and the injury, no loss was incurred in the income of the claimant and thus, the amount granted to the claimant by the learned Tribunal is apt in the head of loss of income. He further submits that the claimant is continuing in service and there is no effect of disability on the earning capacity of the injured. In support of his arguments, learned Counsel for the respondent places reliance on the judgements by the Hon'ble Apex Court in the case of Raj Kumar versus Ajay Kumar (2011 TAC 1) and also places reliance on the judgement passed by the coordinate bench of this Court in the case of National Insurance Co. Ltd. versus Rajesh Joshi and Ors.(S.B. Civil Misc Appeal No. 139/2021)
8. Heard learned counsel for the parties, perused the material available on record and the judgements cited at Bar. (Downloaded on 02/08/2024 at 09:15:22 PM) [2024:RJ-JD:30309] (4 of 6) [CMA-3057/2011]
9. This court finds that the compensation towards hospitalization granted to the claimants by the learned Tribunal was Rs 20,000 however as per the revised RSLSA guidelines, Rs. 600/- is to be awarded for each day of hospitalization and thus, the amount of compensation to be granted to the claimant is Rs 10,200 (17x600). Furthermore compensation towards medicines and nutrition granted to the claimant by this court is Rs 20,000 and the compensation granted towards disability by the learned Tribunal is Rs 50,000 however, as per the RALSA guidelines the compensation for 30% disability the compensation that ought to be granted to the claimant is Rs 25000/-plus Rs 5000 for each percent of disability ie Rs 25,000+ (30x5000)= 1,75,000/-. Furthermore, the compensation granted towards the head of loss of income during hospitlization by the learned Tribunal is Rs 5,000 however, as per the revised RALSA guidelines, Rs. 500/- should be awarded for each day for the loss of income incurred by the victim, on account of being hospitalized, and thus, the claimant ought to awarded 500x17=8,500/-. The compensation granted towards pain and suffereing by the learned Tribunal is 27,000, however the claimant ought to be awarded Rs 38,740/-.
10. This Miscellaneous Appeal is accordingly partly allowed.
11. The appellant shall be entitled to enhanced compensation under the following heads:-
S. Particulars Amount Amount
No awarded by the Awarded and
Tribunal enhanced by
this Court
1 Compensation towards Hospitalizion for 17 Rs 20000 10200
Days
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[2024:RJ-JD:30309] (5 of 6) [CMA-3057/2011]
17x600
2 Compensation towards Medicines and Rs 15000 20,000/-
nutrition
3 Compensation towards Permanent Disability Rs 50,000 1,75,000/-
5000x30 + 25000 (NET) = 1,75,000/-
(Rs. 25,000/-(NET)+Rs 5,000/- for each
percent of disability of more than 25% and
upto 50%)
4 Compensation towards Loss of income Rs 5000 8,500/-
during hospitalization
17x500
5 Compensation towards Pain and Suffering Rs 12000+15000 = 38,740/-
20% of 1,93,700/- (10,200+8500+1,75,000) 27000 6 Total compensation Awarded Rs 1,17,000 Rs 2,52,440 Total Rs 1,35,440
12.The appellant/claimant is entitled to receive Rs 2,52,440/- and however, only Rs 1,17000/- have been awarded thus the claimants are entitled for enhanced compensation of amount of Rs 2,52,000- 1,17,000 = Rs 1,35,440/- along with interest @ 6 % p.a. on the enhanced compensation with effect from the date of filing of the claim petition. The Judgement and award passed by learned Tribunal is partially modified. The non- claimants/Respondents are accordingly directed to pay the said amount jointly and severally along with the interest from the date of filing of the claim petition to the appellants within a period of six weeks from the from the date of receipt of certified copy of this order, failing which the same shall carry interest @ 7.5%p.a.
13. The Judgement-cum-award dated 09.07.2002 passed by Motor Accident Claim Tribunal, Rajasmand in Claim case No.108/2000, is modified accordingly.
14. The learned Tribunal shall disburse the enhanced amount as (Downloaded on 02/08/2024 at 09:15:22 PM) [2024:RJ-JD:30309] (6 of 6) [CMA-3057/2011] per its own wisdom after accounting for the claimants' present prevailing conditions.
15. Any amount already paid by the respondents shall be adjusted towards the amount finally awarded by this Court.
16. The Misc. Appeal is allowed in part. All pending applications stand disposed of.
(DR. NUPUR BHATI),J 89-/devesh/-
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