Rajasthan High Court
Jannat Alias Raheesa And Ors vs Ramdev And Ors on 22 January, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 25/2017
1. Jannat Alias Raheesa W/o Late Shri Jumarddin, aged
about 39 years (Wife Of Deceased)
2. Imran S/o Jumarddin, aged about 19 years (Son Of
Deceased)
3. Afsana Banu D/o Jumarddin, aged about 17 years
(Daughter Of Deceased)
4. Irfan S/o Jumarddin, aged about 14 years (Son Of
Deceased)
5. Akbar Shah S/o Bhure Shah, aged about 62 years (Father
Of Deceased)
6. Saheeda Alias Sheedan W/o Akbar Shah, aged about 60
years (Mother Of Deceased)
Appellant No.3 & 4 minor through mother Smt. Jannat @
Raheesa W/o Late Shri Jumarddin, R/o 17, Village
Chandawas, Tehsil Amer, P.S. Chandwaji, District Jaipur
----Claimant Appellants
Versus
1. Ramdev S/o Manja Alias Manguram, , R/o 47, Gurjaron Ki
Dhani Charsada, Tehsil Dudu, District Jaipur Driver And
Owner Of Vehicle No. Rj-14-Rb-7963
2. H.D.F.C. Ergo General Insurance Company Ltd. Through
Manager, Office Upasana Tower, Iiird Floor, Ahinsa Circle,
C-Scheme, Jaipur. Insurance Company Of Vehicle No. Rj-
14-Rb-7963
----Non Claimant Respondents
For Appellant(s) : Mr. Dinesh Pareek
For Respondent(s) : Mr. virendra Agrawal through VC
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
22/01/2021
(2 of 3) [CMA-25/2017]
This appeal is preferred by the appellants-claimants against
the judgment dated 28.09.2016 passed by the learned Motor
Accident Claims Tribunal, Jaipur District, Jaipur (for brevity "the
learned Tribunal) seeking enhancement of compensation.
Learned counsel for the appellants, relying upon the
judgment of the Hon'ble Apex Court of India in case of National
Insurance Company Limited Vs. Pranay Sethi & Ors.,
(2017) 16 SCC 680, contended that the learned Tribunal erred in
not taking into consideration the future prospects of rise in the
income of deceased and hence, the compensation requires to be
re-assessed keeping in view the same.
Learned counsel for the respondent-Insurance Company
submitted that he has no objection if the compensation payable to
the appellants-claimants is re-assessed in view of the judgment of
the Hon'ble Apex Court of India in case of National Insurance
Company Limited (supra); but, he submitted that monthly
income of the deceased should be taken as Rs.4,316/- instead of
Rs.4,500/- as assessed by the learned Tribunal inasmuch as the
minimum wages payable at the relevant time was Rs.4,316/- only.
He further submitted that the amount payable under conventional
head should be restricted to Rs.70,000/- instead of Rs.1,20,000/-
as awarded by the learned Tribunal.
Learned counsel for the appellants has no objection to re-
assessment of the compensation taking into consideration the
objections raised by the learned counsel for the respondent-
Insurance Company.
Therefore, the compensation payable to the appellants-
claimants is re-assessed in the light of guidelines of the Apex
(3 of 3) [CMA-25/2017]
Court of India in case of National Insurance Company Limited
(supra) as under:-
Rs.4316 (minimum wages) x12x15 =Rs.7,76,880 -1/4
(personal expenses) i.e. Rs.1,94,220 = Rs.5,82,660 + 40% i.e.
Rs.2,33,064 (future prospects) +Rs.70,000 (conventional heads)
= Rs.8,85,724.
Since, Rs.7,27,500/- (incorrectly mentioned as Rs.8,27,500/-
in the impugned judgment) has been awarded by the learned
Tribunal as compensation, the enhanced compensation amount
comes to be Rs.1,58,224. The appellants-claimants are held
entitled for further compensation of Rs.1,58,224/-. Rest of the
conditions of the judgment dated 28.09.2016 are maintained.
The appeal is allowed in part as aforesaid.
(MAHENDAR KUMAR GOYAL),J
Manish/65
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