Rajasthan High Court - Jodhpur
Champa Lal And Ors vs Dhanna Singh And Ors on 3 March, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1354/2012
1. Champa Lal S/o Jasraj, aged about 52 years
2. Smt. Pushpa Devi W/o Champa Lal, aged about 46 years.
3. Devendra S/o Champa Lal, aged about 27 years.
4. Sunita D/o Champa Lal, aged about 24 years.
5. Namrata D/o Champa Lal, aged about 21 years.
All by caste Mewara Kalal, R/o 59, Gajanand Marg, Pali Tehsil
and District Pali (Raj.)
----Appellants/Claimants
Versus
1. Dhanna Singh S/o Nawal Singh, by caste Rawat, R/o Kalriya,
Police Station, Sendara, Tehsil Beawar, District Ajmer. Presently
Driver, Roadways Depot, Didwana, District Nagaur.
2. Krishna Chand S/o Shivdutt Joshi, by caste Brahman, R/o 25,
Dhanmandi, Pali (Authorised Officer), Manager, Traffic Pali Depot.
3. Rajasthan State Road Transport Corporation Nigam, Chief
Office, Parivahan Marg, Chomu House, Jaipur (Raj.) Temporary
R/o RSRTC, Rajasthan State Road Transport Corporation Nigam,
Chittorgarh.
----Respondents/Non-Claimants
4. Smt. Bhanwari W/o Jasraj, aged about 86 years, by caste
Mewara Kalal, R/o 59, Gajanand Marg, Pali, Tehsil and District
Pali (Raj)
----Performa Respondent
For Appellant(s) : Mr. Jayant Joshi
For Respondent(s) : Mr. M.R. Pareek
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
03/03/2021
With the consent of learned counsel for the parties, the
matter is being heard and decided finally.
(2 of 3) [CMA-1354/2012]
The present appeal has been preferred against the judgment
and award dated 11.05.2012 passed by Motor Accident Claims
Tribunal, Pali in MACT Case No. 98/2011, whereby learned Tribunal
after framing the issues, evaluating the evidence on record and
hearing the learned counsel for the parties decided the claim
petition of the appellants-claimants and awarded a sum of
Rs.3,11,015 in favour of the appellant-claimant on account of the
death of Kalpesh in the accident which occurred on 07.01.2011.
Learned counsel for the appellants-claimants submits that
the Tribunal committed an error while computing the
compensation in the present case. He further submits that the
award is required to be recomputed in the light of the judgment of
Hon'ble the Supreme Court in the case of National Insurance
Company Ltd. vs. Pranay Sethi reported in (2017) SC 5157.
Learned counsel for the respondent is not in a position to
dispute the fact that the computation in the present case is
required to be done in the light of the judgment of Hon'ble the
Supreme Court in the case of Pranay Sethi (supra).
Both the learned counsels have submitted a joint re-
computation of the amount of compensation in the present case
which is as under:-
Income of the deceased 155 x 26 days
(Minimum Wages in 2011 = 155 = Rs. 4,030/- per month
per day
Deduction ½ (Bachelor) Rs.4,030/- / 2
= Rs. 2,015/-
The age of deceased was 18 years, therefore, a multiplier of 18
will be applied.
(3 of 3) [CMA-1354/2012]
(I) Compensation due to 2015 x12 x 18 Rs. 4,35,240/-
death
(II) Future Prospects (40%) Rs. 1,74,096/-
(II) Funeral Expenses Rs. 15,000/-
(III) For Loss of Estate Rs. 15,000/-
Total Rs. 6,39,336/-
Amount already awarded by the Tribunal Rs. 3,11,015/-
Enhanced amount Rs. 3,28,321/-
In the circumstances, the present appeal is partly allowed.
Respondents are directed to pay the enhanced amount of
Rs.3,28,321/- (Rs. Three Lac Twenty Eight Thousand Three
Hundred Twenty One Only) in addition to amount already awarded
by the Tribunal vide its award dated 11.05.2012 in favour of
appellants-claimants within a period of eight weeks from today.
The enhanced amount shall carry an interest @ 6% per annum
from the date of filing of the claim petition, till the same is paid.
(VINIT KUMAR MATHUR),J
137-/VivekM/-
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