Rajasthan High Court
CMA/1726/2011 of DEV DUTT Vs VEER SINGH AND OTHERS on 2 April 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1726/2011 Dev Dutt S/o Sh. Ashok Kumar, Aged around 5 years, R/o Khavas Ji ka Baag, Near Purani Chungi, Rajgarh, Minor through Guardian Mother Smt. Savitri Devi W/o Sh. Ashok Kumar, Resident of Mohalla Khavas Ka Baag,
[2026:RJ-JP:13976]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1726/2011
Dev Dutt S/o Sh. Ashok Kumar, Aged around 5 years, R/o Khavas Ji ka Baag, Near Purani Chungi, Rajgarh, Minor through Guardian Mother Smt. Savitri Devi W/o Sh. Ashok Kumar, Resident of Mohalla Khavas Ka Baag, Near Purani Chungi, Rajgarh, Distt. Alwar, Rajasthan.
----Appellant
Versus
1. Veer Singh S/o Vijay Singh, Aged 30 years, R/o Divali Thana Lakshmangarh, Distt. Alwar, Presently Constable No.1521, Police Line Alwar, Vehicle Driver Mini Bus No. UMR 9816.
2. Superintendent of Police, Alwar, Vehicle Owner No. UMR 9816.
3. State of Rajasthan through District Magistrate, Alwar, Distt. Alwar.
----Respondent
For Appellant(s)
:
Mr. Hari Krishan Sharma
For Respondent(s)
:
Mr. Munendra Singh Fauzdar for
Mr. Somitra Chaturvedi, Dy.G.C.
HON'BLE MR. JUSTICE SANDEEP TANEJA
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Order
02/04/2026
1. Being dissatisfied with the judgment and award dated 27.10.2010 passed by learned Judge, Motor Accident Claims Tribunal, Additional District & Sessions Judge, Rajgarh, Distt. Alwar (for short ‘Tribunal’) in M.A.C. Case No.83/2006 whereby the claim petition filed by the claimant was partly allowed, the claimant has filed the present appeal seeking enhancement of compensation awarded by the learned Tribunal.
2. The brief facts of the case, as pleaded in the claim petition, are that on 04.05.2006, the claimant along with his mother was travelling from Rajgarh to Alwar on a bus, bearing registration No.UMR 9816, belonging to the respondent – State. When the said bus reached near Kali Mori Itarna Phatak, the respondent No.1 i.e. bus driver, drove the bus in a rash and negligent manner and hit a Maruti Car bearing
[2026:RJ-JP:13976] (2 of 2) [CMA-1726/2011] registration No.RJ-02/5732. As a result of such accident, the bus overturned and the claimant along with his mother sustained injuries.
3. A bare perusal of the impugned judgment & award and record of the case reveals that due to the said accident, the claimant sustained only 0.5% permanent disability. It is also observed that the learned Tribunal awarded compensation of Rs.31,666/- along with interest @ 6% per annum, on the basis of examination of the entire factual matrix available on record as also on appreciation of evidence adduced by both the parties. Looking to the facts and circumstances of the case, age of the injured at the time of accident i.e. 5 years, nature of injury and extent of the permanent disability sustained, this Court finds that the compensation awarded by the learned Tribunal is just and proper. Hence, this Court is not inclined to interfere with the impugned judgment & award dated 27.10.2010.
4. Consequently, the instant appeal, being devoid of merit, is dismissed.
5. No order as to costs. (SANDEEP TANEJA),J SAHIL SONI /11