Manju Devi vs Biram Dev
2021 Latest Caselaw 7183 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1725/2018

1. Smt. Manju Devi W/o Sharvan Ram, Aged About 35 Years,

2. Sharvan Ram S/o Shri Chandu Ram, Aged About 38 Years, Appellant Nos. 1 & 2 is Resident of Village Jasrasar, Tehsil Nokha, District Bikaner (Raj.)

----Appellants/Claimants Versus

1. Biram Dev S/o Shri Mangu Ram, Village Padu Khurd, P.s.

Padukallan, Tehsil Riyan Badi, District Nagaur (Raj.).

--Owner

2. Wahid Mohammed S/o Shri Sagir Mohammed, R/o Riyan Badi, P.s. Padukallan, Dist. Nagaur (Raj.).

---Driver

3. IFFCO Tokyo General Insurance Co. Ltd., Through Branch Manager, Plot No. 3, Sector No. 29, Gurgaon, Haryana.

                                                         ---Insurance Company
                                                                 ----Respondents


For Appellant(s)           :    Mr. Sanjay Nahar
For Respondent(s)          :    Mr. Vishal Singhal, respondent No.3

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

15/03/2021 The matter comes up on an application under Section 5 of

the Limitation Act for condonation of delay. The appeal is reported

to be barred by limitation for 138 days.

No reply has been filed on behalf of the respondents for

opposing the application preferred by the appellant under Section

5 of the Limitation Act.

(2 of 3) [CMA-1725/2018]

For the reasons mentioned in the application, the same is

allowed. The delay of 138 days in filing the present appeal is

condoned.

With the consent of the learned counsel for the parties, the

appeal is being heard and disposed of at this stage.

The present appeal has been preferred by the appellants-

claimants against the judgment and award dated 31.10.2017

passed by the Motor Accident Claims Tribunal, Bikaner in Claim

Case No. 39/2008 (1434/2014) whereby learned Tribunal awarded

a sum of Rs. 1,80,000/- in favour of the appellants-claimants on

account of the death of Seeta @ Manju in the accident which

occurred on 21.10.2007. The admitted fact of the case is that at

the time of accident, the deceased- Seeta @ Manju was 07 years

of age.

The 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.

Learned counsel for the parties submits that the amount is

required to be recomputed as per the guidelines of Rajasthan

State Legal Services Authority dated 05.11.2018.

According to the R.S.L.S.A Guidelines, the amount awarded

in the present case should have been Rs.3,50,000/- for the death

of a child in the age group of 5 to 10 years. Admittedly, the age of

Seeta was 07 years at the time of accident, therefore, the amount

of compensation in the present case is enhanced from

Rs.1,80,000/- to Rs.3,50,000/-.

In view of the discussions made above, the present appeal is

partly allowed. The respondent- Insurance Company is directed to

pay the enhanced amount of Rs. 1,70,000/-(Rs. One Lac Seventy

(3 of 3) [CMA-1725/2018]

Thousand Only) to the appellants-claimants in addition to the

amount already awarded by the Tribunal vide its judgment dated

31.10.2017 within a period of six weeks from today. The enhanced

amount shall carry an interest @ 6% per annum from the date of

filing the claim petition.

(VINIT KUMAR MATHUR),J 23-SunilS/-

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