Rajasthan High Court - Jodhpur
Smt. Chaturi And Anr vs Abhishek Dadhich And Ors on 2 March, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Misc. Appeal No. 1743/2017
1. Smt. Chaturi W/o Late Kahuga Rot, aged 54 years.
2. Champa Lal S/o Late Kahuga Rot, aged 39 years.
R/o Village- Bhumaliya, Post, Kalu, Tehsil - Jaitaran, Distt.
Pali.
----Appellants
Versus
1. Abhishek Dadhich S/o Radheshyam Dadhich, R/o Mukam
Post, Bhagwanpura, Tehsil- Mandal, Distt.- Bhilwara,
Second Address- House No. 271/4, Subhash Nagar,
Udaipur.
(Driver Vehicle No. Rj-27-Ua-3951)
2. Chavand Singh S/o Shiv Singh Chundawat, R/o 27-Urja
Vihar, Ambafala, Titardi, Udaipur.
(Owner Vehicle No. Rj-27-Ua-3951)
3. United India Insurance Co. Ltd., Though Branch Manager,
Collage Road, Shastri Colony, Dungarpur.
(Insurer Vehicle No. Rj-27-Ua-3951)
4. Veer Mal @ Vimal S/o Shankar Lal Katara Meena, R/o
Naya Talab, Gram Panchayat- Josava, Tehsil- Sangwada,
Dungrpur.
(Owner/driver Vehicle No. Rj-27-Ua-3951)
5. Cholamandalam M.S. General Insurance Co. Ltd., Through
Manager, Registered Office, Dere House, Second Floor,
234, N.c.c. Bose Road, Chennai.
(Insurer Vehicle No. Rj-27-Ua-3951)
----Respondents
For Appellant(s) : Mr. R.S.Mankad.
For Respondent(s) : Mr. Mukul Singhvi.
Mr. Vishal Singhal.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
02/03/2021
(2 of 3) [CMA-1743/2017]
With the consent of learned counsel for the parties, the
matter is finally heard and disposed of.
The present appeal has been preferred against the judgment
and award dated 10.01.2017 passed by the Motor Accident Claims
Tribunal, Dungarpur in Motor Accident Claim Case No.233/2013
whereby the Tribunal awarded a sum of Rs.2,85,000/- as
compensation in favour of the appellants- claimants with an
interest @ 9% p.a. on account of death of Kahuga who died in the
accident which occurred on 26.01.2013.
Brief facts of the case are that on 26.01.2013 Kahuga Rot
while going to Beneshwar in Jeep bearing Registration No.RJ-
12UA-1284, met with an accident caused by Scorpio Jeep No.RJ-
27-UA-3951 as the said Scorpio Jeep which was being driven
rashly and negligently dashed the jeep in which Kahuga Rot was
traveling. In the accident, he died and in the circumstances, a
claim petition was preferred. Learned Tribunal after framing the
issues, evaluating the evidence available on record and hearing
learned counsel for the parties allowed the claim petition of the
appellants vide its judgment and award dated 10.01.2017 and
awarded a sum of Rs.2,85,000/- as compensation to the
appellants.
Learned counsel for the appellants submits that the amount
awarded by the Tribunal is on the lower side and the same is
required to be enhanced. He further submits that the Tribunal has
not taken into consideration the relevant factors while computing
the award.
Per contra, learned counsel for the insurance companies
submit that the Tribunal has awarded a just compensation in the
(3 of 3) [CMA-1743/2017]
present case and therefore, the same does not call for any
interference by this court.
I have heard the submissions made at the bar and also gone
through the judgment and award dated 10.01.2017 passed by the
Tribunal. The factum of accident in which Kahuga Rot died is not
disputed. The Tribunal has awarded a sum of Rs.2,85,000/- as
compensation to the appellants while deciding their claim petition.
This court feels that if a lump sum amount of Rs.30,000/- is
awarded to the appellants in addition to the amount already
awarded by the Tribunal, the same will constitute a 'just
compensation' in the present case.
Accordingly, the present appeal is disposed with a direction
to both the insurance companies to pay an amount of Rs.30,000/-
to the appellants within a period of four weeks from today, in
addition to the amount already awarded by the Tribunal. The
above amount shall be paid by both the insurance companies in
equal proportion of 50% each and same shall be deposited in the
saving bank account of the appellants.
(VINIT KUMAR MATHUR),J
126-Anil Singh/-
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