Manna Lal And Another vs Yusuf Mohammad And Others
2021 Latest Caselaw 680 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 3017/2015

1.      Manna Lal S/o Pratap @ Rampratap, R/o Ambedkar
        Colony, Kawai Salpura P.S. Kawai Tehsil Atru District
        Baran, Rajasthan
2.      Rambharosi W/o Manna Lal, R/o Ambedkar Colony, Kawai
        Salpura P.S. Kawai Tehsil Atru District Baran, Rajasthan
                                                                        ----Appellants
                                    Versus
1.      Yusuf    Mohammed          S/o      Ali    Mohammed,              R/o    Khedli
        Gaddiyan At Present Azad Nagar, Ward No. 1, Chabbra,
        Distt. Baran Driver And Owner Tractor No. RJ-28-RA-6351
        And Trolly No. RJ-28-TC-00/72
2.      The Iffco Tokio General Insurance Co. Ltd., Registered
        Office Iffco Sadan C.I. District Centre Saket New Delhi-
        110017 Insurance Co. Tractor No. RJ-28-RA-6351 And
        Trolly No. RJ-28-TC-00/72
                                                                      ----Respondents

For Appellant(s) : Mr. P.R.S. Rajawat, through VC For Respondent(s) : Mr. Ritesh Jain

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

22/01/2021

This appeal is preferred by the appellants-claimants against

the judgment dated 08.01.2015 passed by learned MACT,

Chabbra, District Baran seeking enhancement of compensation.

The facts in brief are that the appellants-claimants filed the

claim petition seeking compensation on account of death of their

son, aged about 18 years in the road accident dated 31.03.2012.

Both the learned counsels for the respective parties are in

agreement that the compensation payable to the claimants needs

(2 of 2) [CMA-3017/2015]

to be reassessed in view of the guidelines laid down by the

Hon'ble Apex Court of India in the case of National Insurance

Company Ltd. Vs. Pranay Sethi and Ors. (2017) 16 SCC 680.

Therefore, the compensation is reassessed as under:-

Rs.30,000/- (Annual income) x 18 (multiplier as per age of

the deceased) = Rs.5,40,000/- - 1/2(personal expenses of the

deceased being unmarried) = Rs. 2,70,000/-. Since, the deceased

was self-employed, 40% rise in the income is considered towards

future prospects which comes to Rs.1,08,000/- and Rs.30,000 is

awarded under conventional heads. The total compensation

payable to the claimants comes to Rs.4,08,000/-. Thus, after

reducing compensation already paid, the enhanced amount of

compensation comes to Rs.1,03,000/-.

The appellants are held entitled for enhanced compensation

to Rs.1,03,000/-. Rest of the conditions of the award dated

08.01.2015 are maintained.

The appeal is partly allowed in the aforesaid terms.

(MAHENDAR KUMAR GOYAL),J

DANISH USMANI /92

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