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Rajasthan High Court · body

2012 DIGILAW 279 (RAJ)

Suresh Pareek v. Ganesh Kamat

2012-02-03

MAHESH BHAGWATI

body2012
BHAGWATI, J.—Challenge in this appeal is to the judgment and award dated 25th July, 2011 rendered by Motor Accident Claims Tribunal (Additional District Judge) Fast Track No.6, Jaipur City, Jaipur, whereby the learned Tribunal decreed an amount of Rs. 45,595.50/- in favour of claimant-appellant and against the non claimants-respondents on account of an accident having taken place on 26.04.2008 at MI Road, Panch Batti Chowraha, Jaipur. 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. 5000/- for the transporation charges and nutritional diet; Rs. 9,000/- for loss of income; Rs. 30,000/- under the head of physical pain and trauma as also permanent disability and Rs. 1595.50/- for medical bill etc. 3. Learned counsel for the appellant submits that the amount of Rs. 30,000/- awarded by the learned Tribunal under the head of physical pain and trauma as also the permanent disability is very meagre. In the interest of justice, this amount should be 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. 30,000/- awarded under the head of physical pain and trauma as also the permanent disability to Rs. 45,000/-. 6. In the result, the Writ petition is partly allowed. The claimant appellant is held entitled to get an amount of Rs. 60595.50/- 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.