Dauji Sikarwar S/O Ramgopal vs United India Insurance Company Limited

Rajasthan High Court

Dauji Sikarwar S/O Ramgopal vs United India Insurance Company Limited on 13 May, 2024

Author: Narendra Singh Dhaddha

Bench: Narendra Singh Dhaddha

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 60/2022

1.     Dauji Sikarwar S/o Ramgopal, Aged About 46 Years, R/o

       Village Neemari Ka Pura, Bahadurpur, Police Station,

       Kanchanpur, District Dholpur.
2.     Radha W/o Shri Dauji Sikarwar, Aged About 41 Years, R/o

       Village Neemari Ka Pura, Bahadurpur, Police Station,

       Kanchanpur, District Dholpur.
                                                                  ----Appellants
                                   Versus
1.     United India Insurance Company Limited, Through Its

       Manager Having Its Zonal Office At 1, Ashok Circle, Alwar

       (Rajasthan)
2.     Kok Singh S/o Shankar Singh, R/o Bijoli, Police Station,

       Bari, District Dholpur.
                                                                ----Respondents

For Appellant(s) : Mr. Dinesh Kumar Garg, Adv. For Respondent(s) : Mr. Satish Kumar Khandal, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment Date of Judgment 13/05/2024 The present appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants-claimants (for short 'the claimants') dissatisfied with the judgment and award dated 13.09.2021 passed by Motor Accident Claims Tribunal (Additional Sessions Judge), Bari District Dholpur (for short 'the Tribunal') in claim case No.66/2018, whereby the Tribunal has awarded a sum of Rs. 9,31,603/- along with interest @ 6% per (Downloaded on 24/05/2024 at 09:56:04 PM) (2 of 5) [CMA-60/2022] annum from the date of filing the claim petition 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 while passing the impugned judgment and award has not appreciated the evidence led by the claimants in the right perspective. Learned counsel for the claimants further submits that the Tribunal has wrongly assessed the income of the claimant No.1 only Rs.207/- per day (207X26=Rs.5,382/- per month) on the basis of minimum wages prevalent at the relevant of time for unskilled labour. Learned counsel for the claimants further submits that the Tribunal wrongly calculated the income of claimant No.1 for 26 days, whereas, it should be for 30 days. The Tribunal has not awarded any amount towards future prospects, whereas as per age of the claimants, it should be 25% of the claimant's income. Learned counsel for the claimants also submits that due to the accident, claimant No.2 had also received multiple injuries but the Tribunal has not awarded any amount towards pain and suffering/said injuries. Learned counsel for the claimants also submits that as per injury report and X-ray of claimant No.2, she had received simple as well as grievous injuries. So, the claimant No.2 is also entitled to get the compensation amount towards said pain and suffering/said injuries. So, the judgment and award of the Tribunal may be modified accordingly.

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                                     (3 of 5)                        [CMA-60/2022]



      Learned counsel      for the respondent No.1-United India

Insurance Company Limited (for short 'the Insurance Company') has opposed the arguments advanced by learned counsel for the claimants and submitted that the claimants failed to adduce any cogent evidence that the claimant No.1 was earning Rs.15,500/- per month. The Tribunal has rightly considered the claimant No.1's income as Rs.207/- per day (207X26=Rs.5,382/- per month). Learned counsel for the insurance company also submits that the claimant No.2 had not submitted any bill regarding her treatment. So, the Tribunal has not committed any error in not granting any amount towards pain and suffering. So, the appeal filed by the claimants be dismissed.

I have considered the arguments advanced by learned counsel for the claimants as well as learned counsel for the Insurance Company.

It is an admitted position that the claimants failed to adduce any cogent evidence that the claimant No.1 was earning Rs.15,500/- per month. So, in my considered opinion, the Tribunal has rightly assessed the income of the claimant No.1 as Rs.207/- per day (207X26=Rs.5,382/- per month) on the basis of minimum wages prevalent at the relevant of time for unskilled labour but the Tribunal awarded the compensation for 26 days, whereas it should be 30 days. The Tribunal has not awarded any amount towards future prospects, whereas as per age of the claimants, it should be 25% of claimant No.1's income. The Tribunal has also committed an error in not granting any amount towards said injuries as received by claimant No.2. As per injuries report as well as X-ray report, the claimant No.2 is also entitled to (Downloaded on 24/05/2024 at 09:56:04 PM) (4 of 5) [CMA-60/2022] get Rs.10,000/- towards the pain and suffering/said injuries. So, the judgment of the Tribunal is modified to the extent as under:-

         Monthly Income                              207X30 = Rs.6,210/-
         Annual Income                              6,210X12=Rs. 74,520/-
  As per age of the claimants,                     74,520X14=Rs.10,43,280/-
  multiplier of 14 be applied
  Loss of Income viz-a-viz was               10,43,280X50%= Rs.5,21,640/-
   50% permanent disability
    suffered by the claimant
    Add 25% towards future                   5,21,640+25% = Rs.6,52,050/-
          prospects
  Pain and suffering/injuries as                            Rs. 10,000/-
   suffered by claimant No. 2
         Medical Bills (+)                                 Rs.4,79,515/-
                Total                                     Rs.11,41,565/-
  Less amount awarded by the
           Tribunal                                        Rs.9,31,630/-

      Enhanced amount of
         compensation                                      Rs.2,09,935/-

In view of the above, the claimants are entitled to get a further sum of Rs.2,09,935/- as compensation. The Insurance Company is directed to deposit enhanced amount of Rs.2,09,935/- (11,41,565-9,31,630) 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 the claim petition till the actual payment is made.

Rest part of the impugned judgment shall remain unchanged. Impugned judgment and award is modified accordingly.

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(5 of 5) [CMA-60/2022] Consequently, the appeal is partly allowed. Pending application(s), if any, also stand(s) disposed of.

(NARENDRA SINGH DHADDHA),J Gourav/228 (Downloaded on 24/05/2024 at 09:56:04 PM) Powered by TCPDF (www.tcpdf.org)