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2012 Supreme(Raj) 114

2012(1) CCR 693 (Raj.)
(Rajasthan High Court)
Jaipur Bench
Karan Singh Vs. Shri Mahendra Singh & Ors. (Bhagwati, J.)
HON'BLE MAHESH BHAGWATI, J.
Karan Singh
Versus
Shri Mahendra Singh & Ors.
S.B. Civil Misc. Appeal No.1326 of 2006, decided on 01.02.2012

Advocates Appeared
Anshul Sharma, for Appellant;
N.S. Rathore and Akshat Chaudhary, for Respondents

Headnote:Motor Vehicles Act, 1988, Secs. 168 & 173 — Injury in accident — Compensation — Award of Rs. 11886/- — Appeal for enhancement — Held — Tribunal awarded Rs. 8000/- for eight simple injuries and remaining amount in other heads — Amount awarded in the head of trauma appears lower side — Amount under the head of trauma is enhanced to the extent of 5000/- claimant is entitled to get Rs. 14,386/- as total compensation — Award modified. (Paras 5 & 6)

       eksVj;ku vf/kfu;e] 1988] /kkjk 168 ,oa 173 & nq?kZVuk esa pksV & izfrdj & 11886@- #i;s dk vf/kfu.kZ; & vfHko`f) gsrq vihy & vfHkfu/kkZfjr & vf/kdj.k us 8000@- #i;s vkB lk/kkj.k pksVks gsrq ,oa 'ks"k jkf'k vU; 'kh"kZdksa esa vf/kfuf.kZr fd;s & 'kkjhfjd ?kko ds 'kh"kZd esa vf/kfuf.kZr jkf'k fuEu i{k dk izrhr gksrk gS & 'kkjhfjd ?kko ds 'kh"kZd ds vUrxZr jkf'k 5000@- #i;s ds foLrkj rd vfHko`f) fd;k tkrk gS & nkosnkj dqy izfrdj ds :i esa 14]386@- #i;s izkIr djus dk gdnkj gS & vf/kfu.kZ; mikUrfjr fd;kA ¼in la[;k 5 ,oa 6½

       fjV ;kfpdk vkaf'kd Lohdkj dhA

       

Hon'ble BHAGWATI, J.—Challenge in this appeal is to the judgment and award dated 2nd February, 2006 rendered by Motor Accident Claims Tribunal (Additional District Judge) Fast Track No.2, Beawar, whereby the learned Tribunal decreed an amount of Rs. 11,886/- in favour of claimant- appellant and against the non claimants-respondents on account of an accident having taken place on 23.11.2002 near Rajmahal Hotel, Beawar. Being dissatisfied with the amount of compensation, the instant appeal has been filed by the claimant-appellant for enhancement of the quantum of compensation.

2. Having heard the learned counsel for the parties and carefully perused the impugned award, it is noticed that the learned Tribunal awarded Rs. 1000/- for each simple injury and for eight simple injuries, decreed an amount of Rs. 8000/- in favour of the claimant-appellant; Rs. 1200/- for being admitted in the hospital as indoor patient; Rs. 186/- for purchase of medicines; and Rs. 2500/- under the head of trauma, to and fro charges and for keeping the attendant etc.

3. Learned counsel for the appellant submits that the amount of Rs. 2500/- awarded by the learned Tribunal under the head of trauma, and to and fro charges is very meagre. In the interest of justice, this amount should have been enhanced and the impugned award needs to be modified.

4. Learned counsel for the respondents-non claimants does not object to it.

5. With the consent of learned counsel for the parties, I deem just and proper to enhance the amount of Rs. 2500/- awarded under the head of trauma and to and fro charges to Rs. 5000/-.

6. In the result, the Writ petition is partly allowed. The claimant appellant is held entitled to get an amount of Rs. 14,386/- from the non claimants-respondents. Rest of the terms under the award shall remain unchanged.

7. Impugned award stands modified as indicated here-in-above.






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