Chairman,Raj.State Road Trans. ... vs Bhirdudi And Ors
2021 Latest Caselaw 11497 Raj

(1 of 3) [CMA-1042/2014]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1042/2014

1. Chairman, Rajasthan State Road Transport Corporation, Jaipur.

Non-claimant, owner of Bus No-RJ21PA-0620.

2. Depot Manager, Rajasthan State Road Transport Corporation, Nagaur.

Non-claimant, Owner of Bus No-RJ21PA-0620.

----Appellant Versus

1. Bhirdudi W/o Late Babulal, Claimant

2. Suman d/o Late Babulal, aged 10 years, Claimant

3. Manoj S/o Late Babulal, aged 8 years, Claimant

4. Tulchi d/o Late Babulal, aged 6 years, All resident of village Khinyala, Teh & dist- Nagaur.

Claimant (Respondent No.2 to 4 are minors being represented through their natural guardian their mother respondent No.1)

5. Garib ram s/o Kisna ram , R/o Bodva, P.S. Kuchera, dist- Nagaur.

Non-claimant - driver of RSRTC Bus No-RJ21PA0620

----Respondent

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

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

26/07/2021

This appeal is directed against the judgment and award

dated 12.02.2014 passed by Motor Accident Claims Tribunal,

Nagaur, whereby, the Tribunal has awarded compensation to the

(2 of 3) [CMA-1042/2014]

tune of Rs. 9,54,000/- alongwith interest @ 7.5% per annum from

the date of application.

The application for compensation was filed by the claimants,

legal representatives of one - Babulal inter alia with the

averments that on 08.10.2010 at about 10:15 pm Babulal was

going on foot when the offending bus owned by the Corporation

being driven rashly and negligently struck Babulal, which resulted

in grievous injurious, to which he succumbed. Based on the

submissions regarding the untimely death, the claimants - LRs. of

Babulal, sought compensation to the tune of Rs.41,31,000/-.

The application was contested by the Corporation.

The Tribunal framed three issues and after evidence was led

by the parties, came to the conclusion that the accident occurred

on account of rash and negligent driving by driver of the bus.

While assessing the quantum of compensation, the Tribunal based

on the age and minimum wages assessed the compensation at

Rs.7,29,000/- towards loss of income and awarded Rs. 2,25,000/-

towards general damages.

Learned counsel for the appellants attempted to make

submissions that the Tribunal has awarded excessive

compensation, however, submitted that the amount of award

dated 12.02.2014, has already been paid.

I have considered the submissions made by learned counsel

for the appellants and have perused the material available on

record.

The Tribunal, after assessing the quantum of compensation

based on the age of the deceased - Babulal based on the

minimum wages has assessed the compensation. Though the

amount awarded towards general damages appears to be on

(3 of 3) [CMA-1042/2014]

higher side and the multiplier adopted also appears to be higher,

wherein, instead of 17 multiplier of 18 has been adopted,

however, in view of the judgment in the case of National

Insurance Company Ltd. v. Pranay Sethi & Ors.: (2017) 16 SCC

680, as the claimants would be entitled to 40% towards future

prospects, which has not been awarded, the said aspect would

take care of the amount of compensation awarded by the Tribunal.

In that view of the matter, no interference is called for in the

award impugned. The appeal has no substance. The same is,

therefore, dismissed.

(ARUN BHANSALI),J 4-Sachin/-

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