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2026 DAILYLAW 18351 (RAJ)

UNITED INDIA INSURANCE COMPANY LIMITED v. JAVED S/O SHRI ABDUL LATIF

CMA/3173/2018 · 2026-02-09

Anoop Kumar Dhand

body2026

Judgment text

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[2026:RJ-JP:5936] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3173/2018 United India Insurance Company Limited, Regional Office, Sahara Chambers, Tonk Road, Jaipur Through Its Constituted Attorney ----Appellant Versus 1. Javed S/o Shri Abdul Latif, Aged About 24 Years, R/o Badi Mandi, Nasirabad, District Ajmer (Rajasthan) 2. Kailash Kathat S/o Shri Chhotu, Aged About 28 Years, R/o Badi Ki Badiya, Khimpura, Tehsil Masuda District Ajmer (Rajasthan) (Driver Of Trailor No. Rj 36 Ga 2933) 3. Shankar Lal S/o Shri Chiranji Lal, R/o Behind Old Sadar, Police Station Chhawni, Beawar, District Ajmer (Rajasthan) (Registered Owner Of Vehicle) ----Respondents For Appellant(s) : Mr. Raaj Pal Chaudhary For Respondent(s) : None present JUSTICE ANOOP KUMAR DHAND Order 09/02/2026 1. By way of filing the instant appeal, a challenge has been led to the impugned order and award dated 19.05.2018, passed by the Motor Accident Claims Tribunal, Ajmer (for short, ‘the Tribunal’), by which the claim petition submitted by the claimant- respondent No.1 (for short, ‘the claimant’) has been allowed and the appellant-Insurance Company has been directed to pay the compensation of Rs. 9,47,620/- to the claimant along with 6% interest from the date of filing of the claim petition. [2026:RJ-JP:5936] (2 of 3) [CMA-3173/2018] 2. Counsel for the appellant submits that the Doctor was not even examined before the Tribunal with regards to the Permanent Disability suffered by the claimant. Inspite of the above, the Tribunal has granted amount of compensation to the tune of 40% under the head of loss of future prospects to the claimant. Counsel submits that under these circumstances, interference of this Court is warranted. 3. None present on behalf of the claimant to oppose the arguments raised by counsel for the appellant. 4. Heard and considered the submissions made at Bar and perused the material available on record. 5. Perusal of the record indicates that a claim petition was submitted by the claimant on account of the injuries suffered by him in a road accident that occurred on 04.06.2015 when he was travelling with his maternal uncle-Mohammed Sharif on a motorbike bearing No.RJ01-AS-4414 from Ajmer to Nasirabad. On the way, trailer bearing No. RJ36-GA-2933, being driven by the respondent No.2-Kailash, struck the claimant’s motorbike and caused the accident wherein the claimant suffered various injuries on different parts of his body. He also suffered a fracture of the right tibia and fibula bone and remained in the hospital for a considerable amount of time. 6. Considering the over all facts and circumstances of the case and looking to the fact that the claimant is entitled to get the compensation under the head of loss of future prospects in light of the judgment passed by Hon’ble Apex Court in the case of National Insurance Company Vs. Pranay Sethi, reported in [2026:RJ-JP:5936] (3 of 3) [CMA-3173/2018] 2017(16) SCC 680, in the considered opinion of this Court, a cogent award has been passed by the learned Tribunal. 7. Considering over all facts and circumstances of the case and more particularly in light of the judgment passed by the Hon’ble Apex Court in the case of Pranay Sethi (Supra), the impugned award requires no interference of this Court. 8. The present appeal is found to be devoid of merit and substance and the same is liable to be and is hereby dismissed. 9. Stay application and all pending application(s), if any, also stand dismissed. (ANOOP KUMAR DHAND),J Ashu/39