Rajasthan High Court
Smt Koyali Devi And Others vs Vikram And Others on 6 March, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:11195]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 4450/2015
1. Smt Koyali Devi Wife of Late Murari La, Aged 59 years
2. Santosh D/o Late Murari Lal, Aged 31 years
3. Rajesh S/o Late Murari Lal, Aged 29 years
4. Neetu D/o Late Murari Lal, Aged 26 years
5. Pawan Kumar S/o Late Murari Lal, Aged 24 years
All R/o Gram Kalyanpura, Tan Jodhpura, Tehsil Kotputli, PS
Pragpura, District Jaipur
----Appellants/Claimants
Versus
1. Vikram S/o Maheshchand R/o Kalyanpura Tan Jodhpura,
Tehsil Kotputli, District Jaipur (Raj.) At the time of Accident
Vehicle Owner Motor Cycle No. RJ-32-M-7247
2. The New India Assurance Company Ltd. Through Regional
Manager, Regional Office Nehru Place, Tonk Road, Jaipur-
Insurance Company Vehicle Motor Cycle No. RJ-32-M-7247
Insurance Cover Note No. 169648 validity from 28.08.2004 to
27.08.2005
3. Basti Ram S/o Vishamber, Aged 26 years, R/o Hamidpur, PS
Behrod, District Alwar- Vehicle Owner and Driver Motor Cycle
No. RJ02-10M-0942
----Respondents/Non-Claimants
For Appellant(s) : Mr. Rakesh Bhargava, Advocate For Respondent(s) : Mr. Narendra Kumar Jain, Advocate HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment DATE OF JUDGMENT :: 06/03/2024 The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants (for short 'the claimants') dissatisfied with the judgment and award dated 02.07.2015 passed by the Motor Accident Claims Tribunal Kotputli, District Jaipur (for short 'the Tribunal') in Claim Case No.35/2008 whereby the Tribunal has awarded a sum of (Downloaded on 22/03/2024 at 09:33:13 PM) [2024:RJ-JP:11195] (2 of 5) [CMA-4450/2015] Rs.14,13,000/- along with interest @ 7.5% per annum from the date of filing the claim petition as compensation in favour of the claimants.
The Tribunal on the basis of the pleading of the parties, framed the issues and evaluated the evidence on record. After hearing counsel for the parties, decided the claim petition of the claimants and awarded the amount as indicated above.
Learned counsel for the claimants submits that the Tribunal had wrongly calculated the income of the deceased as Rs. 15,700/- per month. Learned counsel for the claimants further submits that the deceased was an Ayurvedic Doctor and as per the income certificate (Ex.15), he was earning Rs. 18,105/- per month as salary but the Tribunal has wrongly deducted house rent allowance whereas house rent allowance should be added in the income of the deceased. Learned counsel for the claimants further submits that the Tribunal has wrongly deducted 1/3rd amount towards personal expenses of the deceased, whereas as per the dependency of the deceased it should be 1/4th. Learned counsel for the claimants further submits that the Tribunal had not awarded any amount towards future prospects, whereas as per the age of the deceased i.e. 54 years at the time of accident, he is entitled to get 15% towards future prospects. Learned counsel for the claimants further submits that the Tribunal has awarded very meagre amount of Rs. Rs.25,000/- lumpsum towards love and affection whereas it should be Rs.40,000/- to each claimant. Learned counsel for the claimants also submits that the Tribunal has awarded only Rs. 2,000/- towards funeral expenses whereas it (Downloaded on 22/03/2024 at 09:33:13 PM) [2024:RJ-JP:11195] (3 of 5) [CMA-4450/2015] should be Rs. 15,000/-. So, judgment and award of the Tribunal may be modified.
Learned counsel for the claimants has placed reliance on the judgment passed by the Hon'ble Apex Court in the case of Raghuvir Singh Matolya and Others Vs. Hari Singh Malviya and Others, reported in 2009 ACJ 1580.
Learned counsel for the respondent-Insurance Company has opposed the arguments advanced by learned counsel for the claimants and submitted that the Tribunal has rightly calculated the income of the deceased as Rs. 15,700/- per month and rightly deducted 1/3rd amount towards the personal expenses of the deceased. So, the appeal being devoid of merit, is liable to be dismissed.
I have considered the arguments advanced by learned counsel for the claimants as well as learned counsel for the respondent-Insurance Company and perused the judgment dated 02.07.2015 passed by the Tribunal.
It is an admitted position that while calculating the income of the deceased, the Tribunal has wrongly deducted the house rent allowance from the income of the deceased. So, in my considered opinion, house rent allowance should be added in the income of the deceased and after adding house rent allowance, income of the deceased comes to Rs. 16,465/- (Rs.15,700 + Rs.765) per month. The Tribunal has wrongly deducted 1/3rd amount towards personal expenses of the deceased, whereas it should be 1/4th amount from the income of the deceased. The Tribunal has also not awarded amount towards future prospects, whereas 15% of the income of the deceased should have been awarded towards (Downloaded on 22/03/2024 at 09:33:13 PM) [2024:RJ-JP:11195] (4 of 5) [CMA-4450/2015] future prospects. The Tribunal awarded very meagre amount towards loss of consortium, love and affection and funeral expenses. So, in my considered opinion, amount towards loss of consortium and love and affection should be Rs.40,000/- to each claimant and Rs. 15,000/- towards funeral expenses. So, the judgment of the Tribunal is modified to the extent as under:-
Monthly income 16,465/-
Annual Income 16,465X12= Rs.1,97,580/-
1/4 is to be deducted for 1,97,580 - 49,395 =
personal expenses of the 1,48,185/-
deceased
According to the age of the 1,48,185 X 11= Rs.16,30,035/-
deceased i.e. 54 years,
Multiplier 11 to be applied
Add 15% towards future 16,30,035+2,44,505=
prospects Rs.18,74,540/-
Loss of consortium and Love Rs.2,00,000/-
and Affection to the claimants
(40,000X 5)
Funeral expenses (+)
Rs.15,000/-
Total
Rs.20,89,540/-
Less amount awarded by the
Tribunal Rs.14,13,000/-
Enhanced Amount of
compensation 20,89,540 - 14,13,000=
Rs.6,76,540/-
In view of the above, the claimants are entitled to get a further sum of Rs.6,76,540 /- as compensation. The Insurance Company is directed to deposit enhanced amount of Rs. Rs.6,76,540 /- (20,89,540 - 14,13,000) 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 (Downloaded on 22/03/2024 at 09:33:13 PM) [2024:RJ-JP:11195] (5 of 5) [CMA-4450/2015] be entitled to withdraw the same. The enhanced amount shall carry @ 7.5% interest per annum from the date of filing of claim petition till the actual payment is made.
Rest part of the impugned judgment shall remain unchanged. Impugned judgment and award is modified accordingly.
Consequently, the appeal is partly allowed. Pending application(s), if any, also stand(s) disposed of.
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