Research › Search › Judgment

Rajasthan High Court · body

2012 DIGILAW 709 (RAJ)

Ramnarayan v. Govind Singh

2012-03-21

MAHESH BHAGWATI

body2012
BHAGWATI, J.—Learned counsel for the appellant verbally prays to dispense with the service of notice on respondent no.2 Jaswant Singh. 2. Prayer is allowed. The service of notice on respondent no.2 is ordered to be dispensed with, as prayed. 3. Challenge in this appeal is to the judgment and award dated 25th September, 1996 rendered by Motor Accident Claims Tribunal, Jaipur District, Jaipur, whereby the learned Tribunal decreed an amount of Rs. 30,000/- in favour of claimant-appellant and against the non claimants-respondents on account of an accident having taken place on 26.02.1994 at tiraha near Saras Dairy, when the claimant-appellant was sitting inside a bus bearing Registration No. RJ-14-P-3295. It was alleged that the driver of the bus turned the bus rashly and negligently, as a result of which the bus got overturned. Being dissatisfied with the amount of compensation, the instant appeal has been filed by the claimant-appellant for enhancement of the quantum of compensation. 4. Learned counsel for the appellant canvassed that the learned Tribunal has not awarded a single penny under the head of physical pain, trauma and the trasportation charges, hence, in the interest of justice, the quantum of compensation should be enhanced and the impugned award be modified. 5. Learned counsel for the respondents-non claimants does not object to it. 6. Having heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned award, I, with the consent of the learned counsel for the parties, do feel inclined to enhance the quantum of compensation of Rs. 30,000/- to Rs. 50,000/- keeping in view the sufferance of physical pain and trauma as also the transportation charges incurred by him. 7. In the result, the appeal is partly allowed. The claimant appellant is held entitled to get an amount of Rs. 50,000/- instead of Rs. 30,000/- from the non claimants-respondents. Rest of the terms under the award shall remain unchanged. 8. Impugned award stands modified as indicated here-in-above. 9. The appeal stands disposed of, accordingly.