Smt. Narbada Devi And Ors vs Fariyad Mohd And Ors
2021 Latest Caselaw 6518 Raj

Citation : 2021 Latest Caselaw 6518 Raj
Judgement Date : 4 March, 2021

Rajasthan High Court - Jodhpur

Smt. Narbada Devi And Ors vs Fariyad Mohd And Ors on 4 March, 2021

Bench: Vinit Kumar Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 858/2001

1. Smt. Narbada Devi W/o Late Shri Jalam Singh

2. Vikram Singh S/o Late Shri Jalam Singh

3. Dilip Singh S/o Late Shri Jalam Singh

4. Smt. Jamna Bai W/o Pachru Singh

5. Pachru Singh S/o Jas Raj All by caste Moyal, R/o Saran Nagar, Banad Road, Behind Jamna Bai Pyaoo, Jodhpur.

Appellants-Claimants No.2 & 3 are minors through their natural guardian and mother Smt. Narbada Devi widow of Late Shri Jalam Singh, appellant-claimant No.1.

----Appellant Versus

1. Fariyad Mohd. S/o Shri Noor Mohd., by caste Musalman, R/o. Ladpura Karbala, Police Station Kotwali Rampura, District Kota.

2. Sanjay Kumar S/o. Shri Dev Raj Punjabi, R/o. 78, 9 L Colony Township, Kota.

3. United India Insurance Company Ltd., Divisional Office, Residency Road, Jodhpur.

----Respondents

For Appellant(s) : Mr. Ayush Gehlot on behalf of Mr. Rajesh Panwar For Respondent(s) : Mr. S.R. Paliwal on behalf of Mr. Anil Bachhawat

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

04/03/2021

The present appeal has been filed by the appellants against

the judgment and award dated 27/02/2001 passed by Motor

Accident Claims Tribunal-I, Jodhpur in Motor Accident Claims Case

No.315/98. Vide judgment dated 27/02/2001, the claim petition

of the appellants was decided and an amount of Rs. 4,03,000/-

                                            (2 of 3)                      [CMA-858/2001]



was awarded to the appellants on account of                       the death of Shri

Jalam Singh in the accident which occurred on 19/07/1998.

Learned Tribunal after framing the issues, evaluating the

evidence brought on record and hearing learned counsel for the

parties, decided the claim petition of the appellants as stated

hereinabove.

Heard.

Learned counsel for the parties are in agreement that the

present matter can be disposed of by recomputing the award in

the light of the judgment of Hon'ble Supreme Court in the case of

National Insurance Company Ltd. Vs. Pranay Sethi (2017)

16 SCC 680. The joint re-computation submitted by learned

counsel for the parties are as under :-



For                future 50% of Rs.4081/-    Rs. 2040.50
prospects :-              (Income          of
                          deceased)
Rs. 2040.50+ Rs. 4081/-                                   Rs. 6,122/- (rounded)

Amount to be deducted as Rs. 6,122/- / 1/4= Rs.

            spent on himself.        1530.5/-
Dependence Amount                                        6122-1530.5 = Rs.
                                                         4591/-

The age of deceased was 26 years, therefore, a multiplier of 17

will be applied.

(I) Compensation due to 4,591 x12x 17 Rs. 9,36,564/-

death

(II) Consortium Heads Rs. 77,000/-

                                           Total                   Rs. 10,13,564/-

       Less : Amount awarded by the Tribunal                       Rs. 4,03,000/-

                                    Enhanced amount Rs. 6,10,564/-




                                                                             (3 of 3)               [CMA-858/2001]

Accordingly, the appeal is partly allowed. The respondent

Insurance Company is directed to pay an amount of Rs.

6,10,564/- ( Rupees : Six Lac Ten Thousand Five Hundred Sixty

Four Only) in addition to the amount already awarded by the

Tribunal within a period of six weeks from today. The enhanced

amount shall carry interest @ 7.5% per annum from the date of

filing the claim petition, till the actual payment is made.

(VINIT KUMAR MATHUR),J

5-SanjayS/-