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SMT PRABHAT DEVI versus SITA RAM YOGI AND ORS

High Court of Rajasthan

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SMT PRABHAT DEVI v SITA RAM YOGI AND ORS - CMA Case No. 892 of 2006 [2006] RD-RJ 1845 (4 September 2006)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JAIPUR BENCH JAIPUR

JUDGMENT

S.B. CIVIL MISC. APPEAL NO.892/2006

SMT.PRABHATI DEVI V. SITA RAM YOGI AND OTHERS

DATE OF JUDGMENT :::: SEPTEMBER 04, 2006

PRESENT

HON'BLE MR. JUSTICE PREM SHANKER ASOPA

Mr. Vinay Mathur, for the appellant

BY THE COURT

This appeal has been filed by the claimant for enhancement of compensation awarded by the Judge, Motor Accident Claims Tribunal and

Additional District and Sessions Judge, Fast Track No.2, Jaipur District

(hereinafter referred to as `the Tribunal'), vide its award dated 30.11.2005 in MAC Case No.85/2005 whereby compensation amounting to Rs.64,500/- has been awarded.

Brief facts of the case are that on 22.6.2002 the claimant along with others was going from Jaipur towards Village Barkheda by Jeep No. RJ-14P- 6643 and when they reached near Jatwada bridge, the Jeep collided with a tree as a result whereof all the persons sitting in the Jeep sustained injuries.

The appellant submitted claim petition before the Tribunal for compensation amounting to Rs.11,00,000/-. The Tribunal after hearing the parties and considering 15.44% permanent disability suffered by the claimant awarded a sum of Rs.44,000/- on the head of `loss of earning capacity', for the pain and agony suffered on account of the injuries sustained by her an amount of Rs.12,000/- has been awarded; towards loss of income an amount of Rs.4,500/- has been awarded and Rs.4,000/- for the treatment and nutritious food has been awarded. Thus, a total sum of

Rs.64,500/- has been awarded as compensation.

Submission of the learned for the appellant is that compensation amounting to Rs.44,000/- awarded by the Tribunal for the loss of earning is on the lower side.

I have heard learned counsel for the appellant and considered the submission made by the learned counsel as also perused the impugned

Award.

In my view, considering 15.44% permanent disability suffered by the claimant and on other counts, the Tribunal has rightly awarded compensation. amounting to Rs.64,500/- Which is just, legal and proper. No interference is called for in this appeal.

The appeal fails and is dismissed.

(PREM SHANKER ASOPA) J.

GOPAL


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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