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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
J U D G M E N T
(1) CIVIL MISC. APPEAL No. 559 of 1997
PRAKASH CHANDRA
V/S
RANJIT SINGH & ORS
(2) CIVIL MISC. APPEAL No. 209 of 1997
BHAGWAN LAL
V/S
RANJIT SINGH
Date of Judgment : 6.11.2008
PRESENT
HON'BLE SHRI N.P.GUPTA,J.
Mr. Dilip Kawadia, for the appellant.
Mr. Sanjeev Johari, the respondent.
BY THE COURT:
These two appeals have been filed by the claimants
against the award of the Motor Accident Claims Tribunal
No.2, Udaipur dated 31.1.1997 deciding three claim
petitions, being claim No.133/90 “Bhagwan Lal Vs. Ranjeet
Singh & Ors.”, claim No.134/90 “Prakash Vs. Ranjeet Singh &
Ors.” and claim No.135/90 “Kachru Lal Vs. Ranjeet Singh &
Ors”. It appears that no appeal has been filed against the
award passed in claim No.135/90 “Kachru Lal Vs. Ranjeet
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Singh & Ors.”, and these two appeals have been filed
against the award passed in Claim No.133 and 134.
Learned Tribunal has awarded a lump sum amount of
Rs.25,000/- in claim No.134/90, and awarded a lump sum
amount of Rs.55,000/- in claim No.133/90.
A look at the findings of the learned Tribunal
shows that in claim No.133, a sum of Rs.2,19,000/- was
claimed under different heads in which medical expenses
were claimed at Rs.20,000/-, loss of income was claimed at
Rs.24,000/-, mental pain and agony was quantified at
Rs.20,000/-, and a compensation for permanent loss of
income was claimed at Rs.1,45,000/-. The injuries as
appeared in Ex.5, the X-Ray report are that the injured
Bhagwan Lal sustained fracture of tibia and fibula in left
leg, and has suffered 3% permanent disablement as appears
from disablement certificate Ex.107. The learned Tribunal
has only observed that the bills for medical expenses as
have been produced totaled to Rs.5908/-. With this,
considering the fact, that in cases of fractures, the
minimum compensation awardable is Rs.25,000/-, and
therefore, a total amount of Rs.55,000/- has been awarded.
Similarly, coming to claim No.134, a total
compensation of Rs.1,39,000/- has been claimed under
different heads. The claimant Prakash sustained fracture of
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upper 1/3rd of the left femur, apart from other simple
injuries. The learned Tribunal found that the medical bills
produced totalled to Rs.633/-, and found from the statement
of the claimant that he has not suffered any future loss of
income. With this, a lump sum compensation of Rs.25,000/-
has been awarded.
In my view, the order of the learned Tribunal
cannot be appreciated, inasmuch as, where specific evidence
was led regarding nature of injuries, treatment,
disablement, etc., compensation was required to be assessed
under different head as may be admissible to the claimant,
to the extent, as may be established by the evidence on
record. The award of claim is not to be made as an ex-
gratia payment, as appears to have been done by learned
Tribunal, by making a lump sum award.
In the totality of circumstances, I do not stand
advised to undertake the exercise of threshing out the
entire evidence over again myself in this appeal, and
arrive at a different figure of compensation payable under
different heads, and stand better advised to remand the
matters to the learned Tribunal to decide the claim
petitions afresh on the aspect of quantum, keeping in view
the observations already made above, and on the basis of
the material already available on record.
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Accordingly, the appeals are allowed. The impugned
awards are set aside, and the matters are remanded back to
the learned Tribunal to decide the claim petitions afresh
on the aspect of quantum, keeping in view the observations
already made above, and on the basis of the material
already available on record. Records of the learned
Tribunal be returned forthwith. The parties to appear
before the learned Tribunal on 8.12.2008. The learned
Tribunal is directed to decide the matters most
expeditiously, as the accident is already more than 20
years’ old and since no fresh evidence is to be recorded.
(N.P.GUPTA),J.
/tarun/