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Nainaram @ Narayanram vs Udaisingh & Ors on 18 September, 2008

Rajasthan High Court – Jodhpur
Nainaram @ Narayanram vs Udaisingh & Ors on 18 September, 2008
                                                    SBCMA No.14/2008
                                          Naina RamVs. Udai Singh & Ors.

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                    SBCMA No.14/2008
              Naina RamVs. Udai Singh & Ors.

DATE OF ORDER : - 18.9.2008

            HON'BLE MR. PRAKASH TATIA, J.

Mr.LK Purohit, for the petitioner.

Mr.Sunil A Vyas ]
Mr.Sandeep Saruparia ], for the respondents.

Heard learned counsel for the parties.

The appellant’s grievance is only that the Motor

Accident Claims Tribunal in award dated 27th Sept., 2007

has not looked into the injury report submitted by the

claimant alongwith the claim petition evidencing that

appellant victim remained in hospital in unconscious

condition from 21.8.2003 to 9.9.2003. The appellant

produced the discharged ticket issued by Neurosurgery Unit

of Mathurdas Mathur Hospital, which is the unit of the

Medical College, Jodhpur.

Learned counsel for the respondent submitted that

said doctors opinion was not accepted by the tribunal in

view of the fact that said document was not exhibited by
SBCMA No.14/2008
Naina RamVs. Udai Singh & Ors.

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the claimant.

I considered the submissions of learned counsel for

the parties and perused the record.

It appears that bulky record obtained by the claimant

from the proceedings under the criminal case have been

submitted before the tribunal and out of which some of the

documents remained un-exhibited. Looking to the nature of

the document, its truthfulness cannot be denied. Claimant

came with the positive case that he suffered injury on the

head and he remained unconscious and this fact has been

proved by evidence. Therefore, the tribunal should have

awarded compensation to the claimant-appellant of his

remaining in hospital from 21.8.2003 to 9.9.2003. Looking

to the age of the victim, he has not suffered any loss of

income as he was of the age of 11 years only. Therefore, a

lump sum amount of Rs.11,000/- is awarded to the

claimant for his suffering in the accident and for remaining

hospitalized for the period from 21.8.2003 to 9.9.2003.

Therefore, the claim amount is enhanced by Rs.11,000/-.

The claimant shall be entitled to interest @ 7.5% as
SBCMA No.14/2008
Naina RamVs. Udai Singh & Ors.

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awarded by the tribunal and it shall carry from 3.1.2004,

the date from which the tribunal has awarded the interest

on other counts.

Accordingly, the appeal of the appellant is allowed.

(PRAKASH TATIA), J.

c.p.goyal/-

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