Rajasthan High Court
Smt. Kanta Devi W/O Late Hariram vs Shri Sawai Singh S/O Gyansingh on 4 March, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1664/2020
Rajasthan State Road Transport Corporation Ltd., Through
Managing Director, Parivahan Marg, Chomu House, Jaipur (Raj.)
(Owner Vehicle Roadways Bus No. Rj-36-Pa-1839)
----Appellant
Versus
1. Smt. Kanta W/o Late Hariram, Aged About 50 Years,
Resident Of Near Chaman Choraha, Sarwad, District -
Ajmer (Raj.)
2. Sh. Topan S/o Late Hariram, Aged About 22 Years,
Resident Of Near Chaman Choraha, Sarwad, District -
Ajmer (Raj.)
3. Smt. Karma W/o Late Shivraj, Aged About 22 Years,
Resident Of Near Chaman Choraha, Sarwad, District -
Ajmer (Raj.)
4. Sh. Sawai Singh S/o Gyan Singh, Aged About 60 Years,
Resident Of Shinla, Tehsil Jaitaran, District Pali (Raj.)
(Driver Vehicle Roadways Bus No. Rj-36-Pa-1839)
----Respondents
S.B. Civil Miscellaneous Appeal No. 103/2020
1. Smt. Kanta Devi W/o Late Hariram, Aged About 49 Years, B/c Raigar, Resident Of Near Chaman Choraha, Sarwar District Ajmer (Raj)
2. Shri Topan S/o Late Hariram, Aged About 21 Years, B/c Raigar, Resident Of Near Chaman Choraha, Sarwar District Ajmer (Raj)
3. Smt. Karma W/o Late Shri Shivraj, Aged About 21 Years, B/c Raigar, Resident Of Near Chaman Choraha, Sarwar District Ajmer (Raj)
----Appellants Versus
1. Shri Sawai Singh S/o Gyansingh, Aged About 58 Years, Resident Of Shinla, Tehsil Jetaran, District Pali, (Raj) (Driver Of Vehicle Roadways Bus No. Rj-26-Pa-1839)
2. Rajasthan State Road Transport Corporation Limited, Through Managing Director Parivahan Bhawan, Parivahan (Downloaded on 15/03/2024 at 09:37:38 PM) (2 of 5) [CMA-1664/2020] Marg, Chomu House, Jaispur (Raj) (Owner Of Vehicle Roadways Bus No. Rj-26-Pa-1839)
----Respondents For Appellant(s) : Mr. Praveen Kumar Jain, Adv. for claimants For Respondent(s) : Mr. V. P. Mathur, Adv. for RSRTC HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment Date Of Judgment 04/03/2024
1. The instant appeals have arisen out of the judgment and award dated 15.10.2019 passed by the Motor Accident Claims Tribunal, Upper District & Sessions Judge No.1, Kekri, District Ajmer (for short 'the Tribunal') in Claim Case No.36/2018, titled as "Smt. Kanta & Ors. Vs. Sh. Sawai Singh & Anr.", whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs.11,54,968/- along with interest @6 % per annum from the date of filing of the claim petition as compensation in favour of the claimants-appellants (for short 'the claimants').
2. CMA No.103/2020 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal whereas CMA No.1664/2020 has been filed by the Rajasthan State Road Transport Corporation (for short 'the RSRTC') challenging the judgment & award passed by the Tribunal on the various grounds.
3. CMA No.103/2020-Learned counsel for the claimants submits that the Tribunal has wrongly considered the income of the deceased-Shivraj as Rs.5,382/- per month. Learned counsel for the claimants further submits that the deceased was earning (Downloaded on 15/03/2024 at 09:37:38 PM) (3 of 5) [CMA-1664/2020] Rs.12,000/- per month while working as a tractor driver. So, income of the deceased be considered as Rs.12,000/- per month. Learned counsel for the claimants further submits that the Tribunal wrongly calculated the income of deceased for 26 days, whereas, it should be for 30 days. Learned counsel for the claimants also submits the Tribunal has wrongly awarded a lump sum amount of Rs.70,000/- towards loss of spouse consortium and funeral expenses, whereas it should be Rs. 40,000/- towards loss of love and affection & loss of consortium to each claimant, Rs.15,000/- towards funeral expenses and Rs.15,000/- towards loss of estate. So, judgment passed by the Tribunal may be modified accordingly.
4. Learned counsel for the RSRTC in CMA No.1664/2020 has opposed the arguments advanced by learned counsel for the claimants and submitted that the Tribunal has wrongly awarded the amount of compensation in favour of the claimants. Learned counsel for the RSRTC further submits that the accident occurred on 24.04.2017 but the FIR was lodged on 25.04.2017 with a delay of one day by Om Prakash, who is cousion brother of deceased but he did not appear in the witness box to adduce any evidence in this regard. Learned counsel for the RSRTC also submits that the Tribunal has wrongly came to the conclusion that the charge-sheet was filed against Sawai Singh, driver of the offending Bus. Learned counsel for the RSRTC also submits that the accident took place due to negligence of the deceased. Learned counsel for the RSRTC further submits that the Tribunal has wrongly applied the multiplier of 18, which it is higher side. So, the claim petition filed by the claimants be dismissed.
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5. I have considered the arguments advanced by learned counsel for the parties.
6. It is an admitted position that the claimants failed to adduce any cogent evidence that the deceased was earning Rs.12,000/- per month. So, in my considered opinion, the Tribunal has rightly assessed the income of the deceased as Rs.5,382/- per month as prevalent at the relevant point of time for an unskilled labour but the Tribunal has wrongly considered the income of the deceased for 26 days only, whereas it should be for 30 days. The Tribunal has awarded lump sum amount of Rs. 40,000/- towards loss of consortium and funeral expenses, whereas it should be Rs. 40,000/- per claimant towards loss of consortium and love and affection, Rs. 15,000/- towards funeral expenses and Rs. 15,000/- towards loss of estate. So, the judgment of the Tribunal is modified to the extent as under:-
Monthly income 207X30= Rs.6,210/-
1/3 is to be deducted for 6,210-2,070= Rs.4140/-
personal expenses of the
deceased
Annual Income 4140X12= Rs.49,680/-
According to the age of the 49680X18=Rs. 8,94,240/-
deceased, multiplier 18 to be
applied
Add 40% towards future 8,94,240+3,57,696=
prospects Rs.12,51,936/-
Loss of consortium to claimant Rs.1,20,000/-
No.3 Rs.40,000/- and loss of
Love and Affection to the
claimant Nos.1 and 2 (40,000X
2=80,000/-)(+)
Funeral expenses (+)
Rs. 15,000/-
Loss of Estate (+)
Rs. 15,000/-
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Total
Rs.14,01,936/-
Less amount awarded by the
Tribunal Rs.11,54,968/-
Enhanced Amount of
compensation 14,01,936-11,54,968=
Rs.2,46,968/-
7. The claimants are entitled to get a further sum of
Rs.2,46,968/- as compensation. The RSRTC is directed to deposit enhanced amount of Rs. Rs.2,46,968/- (Rs. 14,01,936-Rs. 11,54,968) with the Tribunal within a period of two months from the date of receipt of certified copy of this order. On deposition of the said amount, the claimants shall be entitled to withdrawn the same. The enhanced amount shall carry @ 6% interest per annum from the date of filing of claim petition till the actual payment is made.
8. In the result, appeal filed by the RSRTC is dismissed, whereas, appeal filed by the claimants is partly allowed, as indicated above.
9. Rest part of the impugned judgment shall remain unchanged. Impugned judgment and award is modified accordingly.
10. Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J Gourav/199 & 201 (Downloaded on 15/03/2024 at 09:37:38 PM) Powered by TCPDF (www.tcpdf.org)