Rajasthan State Road Transport ... vs Daya Rani
2021 Latest Caselaw 12845 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 3116/2018

Rajasthan State Road Transport Corporation, Depot - Anupgarh, Th. Depot Manager Rajasthan State Road Transport Corporation Depot, Anupgarh, Dist- Sri Ganganagar. (Owner Of Bus No. RJ13-PA-2617)

----Appellant/Non-Claimant Versus

1. Smt. Daya Rani W/o Sh. Bhim Raj, Aged About 50 Years, B/c Soni, R/o Ward No. 8, Sector No. 12, Hanumangarh Junction, Teh And District Hanumangarh.

---Claimant

2. Bhim Raj S/o Jai Ram, Aged About 53 Years, B/c Soni, R/o Ward No. 8, Sector No. 12, Hanumangarh Junction, Teh And District Hanumangarh.

--- Claimant

3. Lichhi Ram S/o Bhagirath Jat, R/o Mallad Kheda, Teh -

Tibbi, Dist - Hanumangarh.

---(Driver Of Bus No. RJ13-PA-2617)/Non-Claimant

----Respondents

For Appellant(s) : Mr. M. R. Pareek For Respondent(s) : Mr. Dron Kaushik

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

17/08/2021

With the consent of the learned counsel for the parties, the

matter is being heard and disposed of finally.

The present appeal has been preferred against the judgment

and award dated 07.07.2018 passed by the Motor Accident Claims

Tribunal, Hanumangarh, District- Hanumangarh in Claim Case

No.07/2016, whereby learned Tribunal after framing the issues,

evaluating the evidence on record and hearing the learned counsel

(2 of 3) [CMA-3116/2018]

for the parties, decided the claim petition of the respondent-

claimant and awarded a sum of Rs.5,70,000/- (Rupees: Five Lac

Seventy Thousand Only) on account of the accident which

occurred on 27.06.2015 resulting into death of Akash Soni.

Learned counsel for the appellant submits that findings

arrived at by the Tribunal on Issue No.5 is not correct as the

amount awarded by the Tribunal is on the higher side. He further

submits that the age of the deceased (Akash Soni) at the time of

the accident is reported to be 17 years and the Tribunal awarded a

sum of Rs.5,70,000/-(Rupees: Five Lac Seventy Thousand Only)

considering his notional income to Rs.5,000/- Per month. He

submits that the amount taken into consideration for computation

of the award is on the higher side and thus exorbitant amount has

been awarded to the claimants.

Per contra, learned counsel for the respondents/claimants

submits that the finding on Issue No.5 is just and proper and the

Tribunal has taken into consideration the evidence brought on

record while calculating the award in the present case. He further

submits that even if the age of the deceased -Akash Soni is

considered in between 15 to 17 years, then also as per the

judgment of the Hon'ble Supreme Court in the case of Kishan

Gopal & Anr. V/s Lala & Ors. Reported in 2014 (1) SCC 244

the amount of Rs.5,00,000/- should have been awarded. Since the

Tribunal after taking into consideration the 'Loss of Estate' and the

amount incurred on account of 'Funeral Charges', has awarded a

sum of Rs.5,70,000/-, the same does not appears to be on the

higher side.

I have considered the submissions made at the Bar and have

gone through the judgment and award dated 07.07.2018 as well

(3 of 3) [CMA-3116/2018]

as the other relevant record of the case. While calculating the

award in question, the Tribunal has taken into consideration the

judgment of the Hon'ble Supreme Court in the case of Sarla

Verma V/s Delhi Transport Corporation, 2009(2) T.A.C. 677 S.C. .

Since, the age of the deceased- Akash Soni is not disputed, the

finding recorded by the Tribunal on Issue No.05 is just and proper.

More so, the amount awarded in the present case Rs.5,70,000/-

(Rupees: Five Lac Seventy Thousand Only) is 'just compensation'.

In the opinion of this Court, the findings of the Tribunal does not

require any interference. The present appeal, therefore, is bereft

of merit and the same is hereby dismissed.

The stay petition also stands disposed of.

(VINIT KUMAR MATHUR),J 5-SunilS/-

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