Dhaneta, Police Station Ramgarh, Ditrict Alwar (Rajasthan) v. Ramgarh, District, Alwar

HON'BLE MR. JUSTICE MANEESH SHARMA Judgment 17/07/2025

1. The present appeal has been preferred by the claimant/appellant (hereinafter referred to as "the appellant") under Section 173 of the Motor Vehicle Act, 1988 against the award dated 30.07.2008 passed by the learned Motor Accident Claims Tribunal, Alwar in claim case no.375/2005, whereby the claim petition filed by the claimant/appellant was partly allowed and awarded a compensation of Rs.39,802/- along with interest of 6% per annum in favour of the claimant.

2. Brief facts of the case giving rise to the present appeal are that on 23.10.2004, the appellant was going on road towards village Mubarkpur. On his way, one motor cycle, bearing [2025:RJ-JP:26850] (2 of 5) [CMA-4383/2008] registration No.RJ-02-6M-7407, being driven by non-claimant /respondent No.1 in a rash and negligent manner, hit the appellant, as a result of which the claimant sustained grievous injuries on his right leg. An FIR of the said accident was lodged and consequently, the claim petition was filed for awarding just and proper compensation.

3. After receiving notice of the claim petition the non claimants/ respondent no.1 and 2, on 14.01.2006, filed a reply to the claim petition and denied the averments made in the claim petition and submitted that the accident was occurred due to negligence of the appellant himself and prayed for dismissal of the claim petition.

4. The non-claimant respondent No.3 also filed a reply to the claim petition and denied the averments made in the claim petition and submitted that the FIR was lodged after the delay of two days and prayed for dismissal of the claim petition.

5. On the basis of the pleadings of the parties, the learned tribunal framed five issues.

6. In order to substantiate the averments made in the claim petition the claimant examined himself as AW-1 and produced Ex 1 to 11 as documentary evidence.

7. In rebuttal, the insurance company produced Ex-A1 and A-2 as documentary evidence.

8. After hearing arguments of respective parties, the learned Tribunal while deciding all the issues in favour of the claimants, and considering the age of the claimant to be 40 years, income of [2025:RJ-JP:26850] (3 of 5) [CMA-4383/2008] the injured as Rs.2190/- per month and also considering the permanent disability of injured to be 11.88% (EX-11) partly allowed the claim petition and awarded Rs.39,802/- along with interest of 6% per annum as compensation from the date of filing of the claim petition till its realization.

9. Being aggrieved of the said award, the, claimant has preferred the present appeal.

10. Learned counsel for the claimant/appellant submits that the learned Tribunal has seriously erred by awarding an inadequate amount of compensation, He further submits that despite the injuries suffered by the claimant/appellant, a meager amount of Rs.39,802/- has been awarded, therefore, the impugned award is required to be enhanced to some extent.

11. Per contra, learned counsel for Insurance Company vehemently opposes the said submissions and submits that the learned Tribunal after due appreciation of facts and law, awarded just compensation which does not call for any interference and prayed for dismissal of the present appeal.

12. Heard the submissions made at Bar and perused the material available on record.

13. It is not disputed that the appellant sustained injuries in the road accident caused by vehicle RJ 02 6M 7407 and at the time of accident the age of the injured was 40 years and he was earning a sum of Rs.73 per day and he sustained injuries as evident from Exhibit 11. [2025:RJ-JP:26850] (4 of 5) [CMA-4383/2008]

14. From the record of the case it is evident that learned Tribunal has incorrectly assessed the loss of income of the injured and has made incorrect deductions while awarding the compensation.

15. After taking wholesome consideration of above facts, this Court is of the considered view that the compensation awarded under the impugned award is required to be enhanced to some extent and same is enhanced as per the table made hereinunder:- Loss of Income (+) 73x30x12x15x11.88%=Rs.46,830 One grievous injury Rs.5000/- Pain and suffering Rs. 1500/- Total Rs.53,330/- Already Awarded Amount(-) Rs.39,802/- Enhanced compensation Rs. 13,528/-

16. Therefore, the present appeal is partly allowed and award passed by the learned Motor Accident Claims Tribunal is modified and enhanced to Rs.53,330/- from the original amount of Rs.39,802/-. The Insurance Company is directed to deposit the enhanced amount of Rs.13,528/- before the learned concerned Motor Accident Claims Tribunal within 60 days from the date of passing of this order. The claimant is also entitled to get interest on the enhanced amount Rs.13,528/- at the rate of 6% per annum from the date of filing of the claim petition until the realization of the said amount. [2025:RJ-JP:26850] (5 of 5) [CMA-4383/2008]

17. It is an undisputed fact that no appeal has been preferred by the Insurance Company against the said award and under the award, the insurance company was directed to pay the amount to the claimant and thereafter, the company was granted liberty to recover the same from the respondent No.1 and 2, owner and driver of the vehicle.

18. It is needless to say that this Court has not dispensed the findings relating to grant of recovery right in favour of the Insurance company, therefore, the Insurance Company is always at liberty to pay the enhanced amount to the claimant and recover the same from the driver and owner of the vehicle.

19. Accordingly, the appeal is partly allowed.

20. All pending application(s), if any, shall stand disposed of. DIKSHA MISHRA /68 (MANEESH SHARMA),J