The Oriental Insurance Co. Ltd vs Mangi Lal And Ors
2021 Latest Caselaw 7487 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 225/2018

The Oriental Insurance Company Limited Through Its Divisional Manager, Bhansali Towers, Residency Road, Jodhpur.

(Insurer Jeep No. Rj 27 Ua 4178)

----Appellant Versus

1. Mangi Lal S/o Shri Bheraji Meena, aged about 41 years,

2. Parveen @ Praveen S/o Shri Mangi Lal Meena, aged about 15 years,

3. Kumari Neelam S/o Shri Mangi Lal Meena, aged about 12 years,

4. Lokesh S/o Shri Mangi Lal Meena, aged about 10 years, Respondent No. 2 To 4 Through Natural Guardian Father Shri Mangi Lal Meena All Resident Of Village Paduna, Tehsil Girwa, District Udaipur Raj.

5. Manohar Lal S/o Shri Mohan Meena, R/o Chowki Falah, Village Paduna, Tehsil Girwa, District Udaipur.

(Driver- Jeep No. Rj 27 Ua 4178)

6. Kesu Lal S/o Shri Vaisat Meena, R/o Chowki Falah, Village Paduna, Tehsil Girwa, District Udaipur.

                                       (Owner- Jeep No. Rj 27 Ua 4178)
                                                                ----Respondents


For Appellant(s)         :     Mr. L.D. Khatri
For Respondent(s)        :     Mr. Mohd. Akbar

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

17/03/2021

The matter is listed in the 'orders' category on the

application preferred by the claimants for disbursement of the

amount deposited by the appellants in the form of F.D. in

(2 of 4) [CMA-225/2018]

pursuance of the judgment dated 24/08/2017 passed by learned

Tribunal.

Learned counsel for the respondents does not press the

application and prays for disposal of the appeal itself at this stage.

Learned counsel for the appellant has not objected to the

prayer made by learned counsel for the respondents.

The application is, accordingly, dismissed as not pressed.

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

appeal itself is being heard and decided finally at this stage.

The appeal is reported to be barred by limitation for a delay

of 110 days. The application under Section 5 of the Limitation Act

has been preferred by the appellant.

Learned counsel for the respondents has no objection, if the

delay of 110 days in filing the appeal is condoned.

Accordingly, the application is allowed and the delay of 110

days in filing the appeal is condoned.

Heard learned counsel for the parties on the main appeal.

The present appeal has been preferred by the Insurance

Company against the judgment and award dated 24/08/2017

passed by Motor Accident Claims Tribunal No.1, Udaipur in Motor

Accident Claims Case No. 34/2017, whereby learned Tribunal

awarded a sum of Rs.12,80,000/- as compensation to the

claimants-respondents.

Learned counsel for the appellant submits that the award in

the present case is required to be recomputed 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 as the deceased Smt. Kurki @ Hakri was 35 years of age at

the time of accident, therefore, future prospects to the extent of

(3 of 4) [CMA-225/2018]

40% is required to be added in the income while computing the

award. Learned Tribunal committed an error by taking into

consideration the future prospects to the extent of 50% instead of

40%. He further submits that the amount awarded on account of

love and affection to all the claimants is also not permissible in the

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

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

Learned counsel for the claimants/respondents is not in a

position to refute the submissions made by learned counsel for the

appellant and he only submits that the award has been passed

after taking into consideration the evidence brought on record

and, therefore, the same is not required to be interfered with.

Learned counsel for the parties have submitted a joint

recomputation of the award in the present case which is as

under:-

For future 40% of Rs.5226/- Rs. 2090/-

prospects :-           (Income          of
                       deceased)
Rs. 5226+ Rs. 2090/-                                      Rs. 7316/- (rounded)

Amount to be deducted as Rs. 7,316/- / 1/3= Rs.

            spent on himself.        2,439/-
Dependence Amount                                        7,316-2,439 = Rs.
                                                         4,877/-

The age of deceased was 35 years, therefore, a multiplier of

16 will be applied.

(I) Compensation due to 4,877 x12x 16 Rs. 9,36,384/-

death

(II) Consortium Heads Rs. 70,000/-

                                           Total                  Rs. 10,06,384/-




                                                                             (4 of 4)               [CMA-225/2018]

Less : Amount already awarded by the Rs. 12,80,000/- Tribunal vide judgment dt.24/08/2017

Excess amount Rs. 2,73,616/-

Accordingly, the appeal is partly allowed. The appellant

/Insurance Company is directed to pay recomputed amount of Rs.

10,06,384/- ( Rupees : Ten Lac Six Thousand Three Hundred

Eighty Four Only) to the claimants. The said amount shall carry

interest @ 8.5% per annum from the date of filing the claim

petition till the actual payment is made. The Tribunal is directed to

disburse the above amount along with interest @ 8.5% in favour

of the claimants at its earliest convenience.

(VINIT KUMAR MATHUR),J

18-SanjayS/-

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