Rajasthan High Court – Jodhpur
R S R T C vs Daya Lal & Anr on 8 October, 2009
SBCMA No.529/98-RSRTC Vs. DAYA LAL & ORS.
Judgment dt: 8/10/09
1/5
S.B.CIVIL MISC. APPEAL NO.529/98
(RSRTC Vs. Daya Lal & Ors.)
DATE OF ORDER : 8/10/2009
HON'BLE DR.JUSTICE VINEET KOTHARI
Mr.Vikas Seol, for the appellant.
Mr.G.R.Bhari, for the respondents.
1. This appeal has been filed by RSRTC against the award dated
29/4/98 challenging the quantum of compensation of Rs.90,000/-
awarded to the respondent claimant Daya Lal on account of injury
suffered by him in an accident which took place on 16/5/1995 when
he was going as pillion rider on the motor cycle no.RJJ-1909 from
village Decha to Sagwada and the bus no.RJ-03-P-0300 belonging to
appellant RSRTC coming from opposite direction hit the motor cycle.
In the said accident, the claimant suffered injuries in the nature of
four fractures of right leg lower portion, left hand radius bone, and
right leg hip bone. He also suffered injuries on right shoulder and
back bone. The claimant claimed that he was serving in Kuwait and
had to remain in hospital from 16/12/1995 to 3/2/1996 and in Kuwait
for the period 20/3/1996 to 5/2/1997. The compensation of Rs.35
SBCMA No.529/98-RSRTC Vs. DAYA LAL & ORS.
Judgment dt: 8/10/09
2/5
lacs was claimed in the claim petition filed by the claimant. However,
the learned Tribunal deciding the issue no.3 found that the evidence
produced in the form of medical treatment bills justifies the
reimbursement of medical expenses to the extent of Rs.30,000/- and
no evidence regarding his employer in Kuwait had spent Rs.2 lacs on
his treatment was led nor any evidence was brought before the
Tribunal that a sum of Rs.40,000/- was spent on travelling to
Ahmedabad along with his brother and Rs.50,000/- for food etc. It
was further found that there was no evidence on record that he was
working as labour in goldsmith's shop in Kuwait and his monthly
salary was 100 Dinars equivalent to Rs.10,000/- at that time. In view
of the nature of injuries given in the injury report Ex-4, the Tribunal
agreed with the claimant about the nature of injuries, however in the
absence of sufficient details and evidence of expenses actually
incurred by him on his treatment, the Tribunal allowed the
compensation under four different heads and a total compensation of
Rs.90,000/- was granted.
2. This Court while admitting the present appeal, by stay order
SBCMA No.529/98-RSRTC Vs. DAYA LAL & ORS.
Judgment dt: 8/10/09
3/5
dated 22/10/98 stayed the operation of the impugned award to the
extent of 50% of compensation and the said interim relief was
confirmed by this Court on 5/5/99.
3. Learned counsel for the RSRTC submitted that even though
there was no concrete evidence before the learned Tribunal for the
medical expenses incurred by the injured, the learned Tribunal has
awarded Rs.30,000/- towards medical expenses, Rs.20,000/- against
physical and mental harassment, Rs.20,000/- for the expenses
incurred during hospitalization and Rs.20,000/- under the head `misc.
expenses and loss' etc. and, thus, he submitted that Rs.40,000/- has
been awarded by the learned Tribunal without any cogent reason. He
further submitted that the total medical expenses would be
approximately Rs.30,000/- and, therefore, no valid exception can be
taken to the same. He has, therefore, prayed that compensation to the
tune of Rs.50,000/- would have been just in the facts and
circumstances of the case.
4. As against this, learned counsel for the claimant urges that the
SBCMA No.529/98-RSRTC Vs. DAYA LAL & ORS.
Judgment dt: 8/10/09
4/5
amount of compensation awarded by the learned Tribunal is just and
fair and need not be interfered in the present appeal.
5. Having heard the learned counsels and upon perusal of the
impugned award and evidence on record, this Court is of the opinion
that the compensation awarded by the learned Tribunal is slightly
excessive. Though some evidence was produced before the learned
Tribunal about the extent of expenses incurred by the claimant for his
treatment, however, the award of compensation under the head of
misc. expenses and loss at least to the extent of Rs.20,000/- was
justified. It is needless to add that compensation awarded against the
medical expenses to the tune of Rs.30,000/- and for physical and
mental harassment to the extent of Rs.20,000/- is unexceptionable.
The third head under which compensation of Rs.20,000/- for misc.
expenses also appears to be without any basis or evidence on record.
6. Taking over all view of the matter and to arrive at a figure of
just and fair compensation, this Court is of the opinion that
compensation of Rs.90,000/- awarded by the learned Tribunal
SBCMA No.529/98-RSRTC Vs. DAYA LAL & ORS.
Judgment dt: 8/10/09
5/5
deserves to be reduced by a sum of Rs.30,000/-. Thus, the net
compensation of Rs.60,000/- in favour of the claimant injured would
be just and fair.
7. Accordingly, this appeal is partly allowed and impugned award
of learned Tribunal is modified by reducing the compensation of
Rs.90,000/- to Rs.60,000/-. Since 50% of compensation has already
been deposited by the appellant in pursuance of the interim relief
granted by this Court, the remaining amount with interest as directed
by the learned Tribunal may be deposited now within a period of
three months from today.
8. With the aforesaid modification in the impugned award, this
appeal is partly allowed. No order as to costs.
(DR.VINEET KOTHARI), J.
item no. 20
baweja/-