R.S.R.T.C vs Hira Lal And Ors
2021 Latest Caselaw 12979 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1208/2015

Rajasthan State Road Transport Corporation, Depot-Banswara, Through Chief Manager, Bhanswara, Teh & Dist-Banswara (Raj).

(Owner of RSRTC Bus No.RJ-03-0887)

----Appellant Versus

1. Hira Lal S/o Kachara Dendor, by caste-Dendor, R/o. Kahela, Teh-Sagwara, District Dungerpur (Raj.).

2. Miss Urmila D/o Hira lal Dendor, Aged About 42 Years, B/c Schedule Tribe, R/o Kahela, Tehsil Sagwara, District Dungarpur (Rajasthan) through her natural guardian her father Hira Lal.

3. Surya Singh S/o Man Singh Ranawat, by caste Ranawat, R/o.- Mewara, PS-Dhambola, Dist.-Dungerpura (RSRTC Bus Driver) Non-Claimant.

----Respondent Connected With S.B. Cross Objection (Civil) No. 42/2020 Claimants :

1. Hira Lal S/o Kachara Dendor, by caste-Dendor, aged about 45 years, R/o. Kahela, Teh-Sagwara, District Dungerpur (Rajasthan).

2. Miss Urmila D/o Hiralal Dendor, Aged About 42 Years, B/c Dendor, R/o Kahela, Tehsil Sagwara, District Dungarpur (Rajasthan) (Cross-Objector)

----Appellant Versus

1. Rajasthan State Road Transport Corporation Ltd., Depot Banswara through Chief Manager, Banswara, District Banswara (Rajasthan).

Owner/Appellant.

2. Surya Singh S/o Man Singh Ranawat, B/c Ranawat, R/o Mewara, P.s. Dhambola, District Dungarpur (Rajasthan) (Driver Of The Alleged Vehicle)

----Respondent/Non-Applicants (Non-Cross-Objector)

(2 of 4) [CMA-1208/2015]

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

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

19/08/2021

S.B. Civil Misc. Appeal No. 1208/2015 :

With the consent of learned counsel for the parties, the

matter is being heard and disposed of finally.

The present appeal has been preferred by the

appellant/RSRTC against the judgment and award dated

17/04/2015 passed by learned Motor Accident Claims Tribunal,

Dungerpur, District Dungerpur in Claim Case No. 26/2010,

whereby an amount of Rs.1,87,200/- has been awarded by the

Tribunal to the claimants on account of the death of Bapulal which

occurred in the accident on 04.08.2009.

The Tribunal, after framing the issues, evaluating the

evidence on record and hearing counsel for the parties, decided

the claim petition of the claimants/respondents.

Heard learned counsel for the parties.

Learned counsel for the appellant RSRTC submits that there

was one more appeal arising out of the same judgment and award

dated 17/04/2015 being S.B.Civil Misc. Appeal No. 1209/2015.

The said appeal was dismissed by this Court vide order dated

19/01/2021. The present appeal is filed on the same ground and,

therefore, the same is also required to be dismissed in the light of

the order dated 19/01/2021.

(3 of 4) [CMA-1208/2015]

Accordingly, the present appeal is dismissed in the light of

the order dated 19/01/2021 passed by this Court in S.B.Civil

Misc. Appeal No. 1209/2015 (Rajasthan State Road Transport

Corporation vs. Smt. Mani Bai & Ors.).

Since the main appeal itself has been dismissed today, the

interim order dated 14/07/2015 is vacated and the stay

application also stands dismissed.

S.B. Cross Objection (Civil) No. 42/2020 :

The cross-objection has been filed by the cross-objectors on

the ground that the Tribunal has not taken into consideration the

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

Insurance Company Ltd. vs. Pranay Sethi reported in (2017)

SC 5157 for awarding the loss of future prospects on account of

the death of Bapulal to the claimants/cross-objectors.

Learned counsel for the respondent/RSRTC is not in a

position to dispute the propositions argued by the learned counsel

for the cross-objectors. He, therefore, submits that the amount

towards the loss of future prospects in the light of judgment of

Pranay Sethi (supra) is required to be awarded to the cross-

objectors in the present case.

The calculation for the same is as under :-

     Age of deceased                        25 years
     Monthly income of deceased             3500/-

Future prospects on annual income(40%) 1400/-

     Total Loss of Income                   4900/-
     As per age of 21-25 multiplier of      18
     1/2 Deduction towards personal
      expenses                              2450
                                        2450X12X18
     Loss of income =                       5,29,200/-



                                                                             (4 of 4)                [CMA-1208/2015]


                                          Loss of consortium                      40,000/-
                                          Funeral expenses                        15,000/-
                                          Loss of State                           15,000/-
                                                           Total =                Rs.5,99,200/-
                                          Already awarded                         Rs.4,68,000/-
                                          Difference                              Rs.1,31,200/-
                                          40% of Enhanced amount                  Rs.52,480/-

60% of Enhanced amount to Smt. Mani Bai & Mohan i.e. Rs.78,720/-

In view of the calculation made above, the cross-objection is

allowed and the respondent/RSRTC is directed to pay an enhanced

amount of Rs.1,31,200 to the cross-objectors in addition to the

amount awarded awarded by learned Tribunal with an interest @

6% per annum from the date of filing the claim petition till the

same is paid.

It is also ordered that the enhanced amount will be

distributed between the cross-objectors/claimants in accordance

with para 28 of the judgment and award of the Tribunal dated

17/04/2015.

(VINIT KUMAR MATHUR),J

33-SanjayS/-

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