High CourtsSingle Bench(1986) 08 RAJ CK 0001

Mahesh Dutt Sharma vs Rajasthan Path Parivahan Nigam and Others

Rajasthan High Court · Decided on 8 August 1986 · Citation: (1986) WLN 356

HON’BLE JUDGES
G.M. Lodha, J
CASE NUMBER
Civil Miscellaneous Appeal No. 282 of 1984

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Judgment

4 paragraphs · 234 words

G.M. Lodha, J.—Mr. Dhankar, learned Counsel for the Corporation submits that only five injuries were caused and the injured remained in hospital for a day. Therefore, the amout 250/-cannot be called inadequate, although (his Court may suitably increase it on liberal considerations.

2.

Mr. Bhartiya prays for an award of Rs. 50,000/-, but I am unable to accept that, because the injuries are simple and there is nothing to show that fracture was caused. The documents produced regarding injuries nowhere mention of any fracture. If a fracture would have been caused, then medical treatment would have been provided for more than a day at least.

3.

In view of this, I am inclined to accept the view point of Mr. Dhankar and treat the case as as if no fracture was caused. However, the amount of 250/- is grossly inadequate and I increase it to Rs. 3,000/-.

4.

Mr. Bhartiya prays that interest may be allowed at the rate of 12% per annum, but Mr. Dhankar states the instead of allowing interest the amount may be awarded in consolidated form by slightly increasing the amount of compensation. The present one is not a case where I should detain myself any more for this small controversy. Let the amount be increased Rs. 3,500/-and it would include interest also. The parties would bear their own costs, as Mr. Dhankar is very fair in accepting the increase.