Rajasthan High Court - Jaipur
State & Ors vs Murari Lal on 17 November, 2011
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL MISC. APPEAL NO.1603/2003 State of Rajasthan & Anr. vs. Shri Murari Lal Date of order : 17/11/2011. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri S.C. Purohit, Addl. Govt. Counsel for the appellants. Shri Rajneesh Gupta for the respondent.
****** This appeal has been preferred by State of Rajasthan against the award of the Motor Accident Claims Tribunal dated 13.9.2001, which has granted a sum of Rs.1,50,000 as compensation to the claimant-respondents. The claim petition was filed by claimant-respondent before the Motor Accident Claims Tribunal inter alia stating that on account of rash and negligent driving of jeep no.RJ 11C 0055 by appellant no.2 belonging to police department, the claimant who was driving scooter no.CIG 5348 met with an accident on road side from Murena to Dholpur via Badi at about 4.30 PM in the evening of 25.6.1992 near Village Nayapura. The claimant sustained multiple fractures leading to paralysis of the upper limb and shortening of right arm by 2 inches. The Tribunal awarded a sum of Rs.1,50,000. Aggrieved thereby, the appellant approached this Court.
Shri S.C. Purohit, learned Additional Government Counsel has argued that the Tribunal failed to correctly appreciate the evidence on record. The Tribunal has in fact mislead the evidence and the documents. It has awarded excessive amount on the head of actual medical expenditure. The claimant failed to prove any negligence of the jeep driver and in absence thereof, no compensation could be awarded. The scooter rider was solely responsible for the accident, who was trying to overtake the jeep and in that process, the scooter got slipped leading to injuries to the injured. In this connection, learned counsel sought to rely on the statement of AWD-1 Kishan Singh and AWD-2 Mangal Singh and also the site plan Ex.38.
Shri Rajneesh Gupta, learned counsel for the respondent opposed the appeal and supported the award. He argued that evidence clearly proved the negligence of the jeep driver. The quantum of compensation is also reasonable. No interference is therefore called for.
On hearing learned counsel for the parties and perusing the material on record, I find that the claimant Murari Lal has appeared as a witness and has stated that accident took place at about 4.30 AM when he was going from Dholpur to Badi. He was driving scooter and it was a steep road which was gaining height on the side towards Badi. He was driving the Scooter in a very slow speed, suddenly a jeep came from front side. The jeep was coming from the side of Badi towards Dholpur. The jeep has suddenly emerged after overtaking the bus and hit the scooter. AWD-2 Mangal Singh, the Sub Inspector has given a contrary version and has stated that when they went from Badi towards Dholpur and reached to the steep of Nayapura, he saw two trucks standing there and saw two persons and a scooter lying on the one side of the road and therefore stopped the jeep. The people who were assembled there told that the Scooter driver in order to save himself from the truck, had tried to overtake and slipped and in that process received injuries. But this statement cannot be believed in the light of injuries of the claimant and also the mechanical inspection report of the Scooter which clearly proved that the lights were broken, wire of horn was also broken, hand break was even disordered, handle system was found in correct position. Mud guard of the front side was having dent from the road side. Its foot break system was also broken, due to which it could not get start and its test on road is not possible. The site plan Ex.38 also shows that immediately before the place where the accident took place, there was a turn and from the turn and he was moving towards Dholpur where it was going downwards towards steep and that when it hit the Scooter, Scooter went on the road. Ex.42, the newspaper report which is on record has also carried a news item on 30th June, that a jeep has hit the scooter, as a result of which two persons got injured. The compensation that has been awarded by the learned Tribunal, does not appear to be either excessive or otherwise unjust. The right hand of the injured was shortened by 2 inches and there was permanent disability in his right hand. There was fracture of both radio alna bone of his right hand and shoulder bone of his right hand. The documents of his treatment were also produced on record. The learned Tribunal has awarded a sum of Rs.1,00,000 cumulatively for permanent disability, loss of earning capacity, pain and suffering, nutritious diet, repair of the scooter and has further awarded a sum of Rs.50,000/- for treatment, nutritious diet, scooter repair etc. Thus a total of Rs.1,50,000/- was awarded as compensation.
I do not see any infirmity in the award of the Tribunal.
The appeal is dismissed.
(MOHAMMAD RAFIQ), J.
RS/-