Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member Services -- Sign up today and get free trial for one month.
Rajasthan High Court
Mamta Bai And Ors vs Iqbal Mohammad And Ors on 13 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:22327]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 5996/2017
1. Mamta Bai W/o Dinesh R/o Mayakhedi Tehsil Pidawa
District Jhalawar Raj.
2. Mahendra Kumar S/o Dinesh Minor Through Their Natural
Guardian Mother Mamta Bai W/o Dinesh , R/o Mayakhedi
Tehsil Pidawa District Jhalawar Raj.
3. Manoj Kumar S/o Dinesh Minor Through Their Natural
Guardian Mother Mamta Bai W/o Dinesh , R/o Mayakhedi
Tehsil Pidawa District Jhalawar Raj.
4. Poorilal S/o Kaniram, R/o Mayakhedi Tehsil Pidawa
District Jhalawar Raj.
5. Prem Bai W/o Poorilal, R/o Mayakhedi Tehsil Pidawa
District Jhalawar Raj.
6. Kaniram S/o Gopi Since Died And Deleted The Name On
06.03.2017, R/o Mayakhedi Tehsil Pidawa District
Jhalawar Raj.
7. Onkari Bai W/o Kaniram R/o Mayakhedi Tehsil Pidawa
District Jhalawar Raj.
----Appellants
Versus
1. Iqbal Mohammad S/o Jassa Khan, R/o Surajgarh Tehsil
Degana District Nagaur Driver Dumper No. Rj-14-Cg-
6992
2. Ramesh Kumar S/o Unknown, R/o B-107, Flat No. 402
Apartment Usai Marg, Tilak Nagar, Jaipur Raj. Owner
Dumper No. Rj-14- Cg-6992
3. Ifco Tokiyo General Insurance Co. Ltd. 15, Anasagar
Road, Vaishali Nagar, Ajmer. Insurance Company Of
Dumper No. Rj-14-Cg-6992
----Respondents
For Appellant(s) : Mr. Sameer Sharma
For Respondent(s) : Mr. Rajdeep Singh Rathore
Mr. Arjun Sharma for
Mr. S C Mittal
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
(Downloaded on 31/05/2024 at 08:51:17 PM)
[2024:RJ-JP:22327] (2 of 5) [CMA-5996/2017]
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 15.07.2017 passed by the Motor Accident Claims Tribunal,
Jhalawar (for short 'the Tribunal') in claim case No.76/2016
whereby the Tribunal has awarded a sum of Rs.9,93,500/- along
with interest @ 7% per 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
has erred in considering income of the deceased as Rs. 217/- per
month. Learned counsel for the claimants further submits that the
deceased was a teacher in Saraswati Shishu Mandir and was
earning Rs. 10,000/- per month. So, income of the deceased be
calculated as Rs. 10,000/- per month. Alternatively, learned
counsel for the claimants further submits that the Tribunal while
calculating the income has awarded minimum wages for 26 days
only whereas it should be for 30 days. Learned counsel for the
claimants further submits that the Tribunal has not awarded any
amount towards future prospects whereas as per the age of the
deceased, claimants are entitled to get 40% of the deceased's
income towards future prospects. Learned counsel for the
claimants further submits that the Tribunal has awarded very
(Downloaded on 31/05/2024 at 08:51:17 PM)
[2024:RJ-JP:22327] (3 of 5) [CMA-5996/2017]
meager amount of Rs. 1,05,000/- towards loss of consortium and
love and affection whereas it should be Rs. 40,000/- per claimant.
Learned counsel for the claimants further submits that the
Tribunal has not awarded any amount towards loss of estate. So,
judgment and award of the Tribunal be modified accordingly.
Learned counsel for the respondents have opposed the
arguments advanced by learned counsel for the claimants and
submitted that the Tribunal has rightly considered the income of
the deceased on the basis of minimum wages because the
claimants failed to adduce cogent evidence that the deceased was
earning Rs. 10,000/- per month. Learned counsel for the
respondents further submits that the deceased had no permanent
job, so claimants are not entitled to get any amount towards
future prospects. Learned counsel for the respondents further
submits that the amount of Rs. 25,000/- awarded by the Tribunal
under the head of funeral expenses is on the higher side and the
claimants are entitled to get a sum of Rs. 15,000/- only under this
head. 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
respondents.
It is an admitted position that the claimants failed to adduce cogent evidence that the deceased was earning Rs. 10,000/- per month. So, in my opinion, the Tribunal has rightly considered the income of the deceased on the basis of minimum wages prevailing at the relevant point of time but the Tribunal has awarded minimum wages for 26 days only whereas it should be for 30 days. The Tribunal has not awarded any amount towards future (Downloaded on 31/05/2024 at 08:51:17 PM) [2024:RJ-JP:22327] (4 of 5) [CMA-5996/2017] prospects. As per the age of the deceased i.e. 30 years, claimants are entitled to get 40% of the deceased's income towards future prospects. The Tribunal has awarded very meager amount of Rs. 1,05,000/- towards loss of consortium and love and affection whereas it should be Rs. 40,000/- per claimant. Claimant No.6- Kaniram died, so he is not entitled to get any amount towards love and affection. The Tribunal has not awarded any amount towards loss of estate. Claimants are entitled to get Rs. 15,000/- towards loss of estate and Rs. 15,000/- towards funeral expenses. So, judgment and award of the Tribunal is modified to the extent as under:-
Monthly income Rs.217 X 30 = Rs.6,510/- Annual Income 6,510X12= Rs.78,120/- 1/4 is to be deducted for 78,120-19,530=58,590/- personal expenses of the deceased According to the age of the 58,590X17= Rs.9,,96,030/-
deceased i.e. 30 years,
Multiplier 17 to be applied
Add 40% towards future 9,96,030+3,98,412=
prospects Rs.13,94,442/-
Loss of consortium to claimant Rs.2,40,000/-
No.1 Rs.40,000/- and loss of
Love and Affection to the
claimant Nos.2 to 5 and 7
(40,000X 6=2,00,000/-)(+)
Funeral expenses (+)
15,000/-
Loss of Estate (+)
15,000/-
Total
Rs.16,64,442/-
Less amount awarded by the
Tribunal Rs.9,93,500/-
Enhanced Amount of
compensation 16,64,442-9,93,500=
(Downloaded on 31/05/2024 at 08:51:17 PM)
[2024:RJ-JP:22327] (5 of 5) [CMA-5996/2017]
Rs.6,70,942/-
In view of the above, the claimants are entitled to get a further sum of Rs.6,70,942/- as compensation. The enhanced amount of Rs. 6,70,942/- (16,64,442-9,93,500) be deposited 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 withdraw the same. The enhanced amount shall carry @ 7% 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.
(NARENDRA SINGH DHADDHA),J Ritu/72 (Downloaded on 31/05/2024 at 08:51:17 PM) Powered by TCPDF (www.tcpdf.org)