Smt. Mangi Devi And Ors vs Achar Khan And Ors
2021 Latest Caselaw 7648 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Civil Misc. Appeal No. 16/2002

1. Smt. Mangi Devi Widow of Late Shri Madanlal

2. Bherulal S/o Late Shri Madanlal

3. Kumari Sweeti @ Rekha D/o Late Shri Madan Lal All by caste Oswal, R/o. Barmer.

Appellants-claimants No.2 and 3 are minors through their natural guardian and mother, Smt. Mangi Devi, appellant- claimant No.1.

----Appellants-claimants.

Versus

1. Achar Khan S/o Subhan Khan, by caste Musalman, R/o. Village Manihari, Tehsil Shiv District Barmer.

2. Ram Vilas S/o Ranchhod Das, by caste Maheshwari, R/o. Barmer.

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

----Respondents-non-petitioners

For Appellant(s) : Mr. Prashant Panwar & Mr. Murli Saini on behalf of Mr. Rajesh Panwar For Respondent(s) : Mr. Vijay R. Vyas

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

18/03/2021

The present appeal has been preferred against the judgment

and award dated 27/09/2001 passed by Motor Accident Claims

Tribunal, Barmer in Civil Misc. Case No. 13/99, whereby learned

Tribunal awarded a sum of Rs. 5,15,000/- as compensation to the

claimants on account of the death of Madan Lal in the accident

which occurred on 31/08/1998.

The appellants preferred a claim petition before the Tribunal

and the Tribunal after framing the issues, evaluating the evidence

and hearing learned counsel for the parties has decided the claim

petition as stated hereinabove.

(2 of 4) [CMA-16/2002]

Learned counsel for the appellants submits that the Tribunal

committed an error while recording the finding on issue No.2 as it

has come on record that the deceased was having a Flour Mill and

an Oil Mill(Ghani). He further submits that monthly income

derived from the business undertaken by the deceased was about

Rs.9,000/- per month. He further submits that even as per the

statements of AW1 Smt. Mangi Devi, AW2 Ratan Lal, AW4 Babulal

and AW.5 Veer Chand, it has come on record that the deceased

was having a Flour Mill and an Oil Mill(Ghani). The Tribunal

assessed the income of the deceased as Rs.4,000/- which is on

the lower side. Learned counsel further submits that the award

has not been computed in the light of the judgment rendered by

the Hon'ble Supreme Court in the case of National Insurance

Company Ltd. Vs. Pranay Sethi (2017) 16 SCC 680 as no

amount towards the loss of future prospects and conventional

head was awarded. Thus, he prays that the amount in the present

case may be suitably enhanced.

Per contra, learned counsel for the respondent-Insurance

Company submitted that the finding recorded by the Tribunal on

issue No.2 is just and proper as the Tribunal has rightly taken

Rs.4,000/- as the income of the deceased. He submits that no

documentary evidence was produced towards the income,

therefore, the income assessed by the Tribunal is just and proper.

Learned counsel for the respondent is, however, in agreement with

submission of learned counsel for the appellant that the amount 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 (supra).

(3 of 4) [CMA-16/2002]

I have considered the submissions made at the Bar and

gone through the impugned judgment as well as other relevant

record of the case.

So far as the finding of the Tribunal on issue No.2 with

respect to the income of the deceased is concerned, it is noted

that in the statements of AW1 Smt. Mangi Devi, AW2 Ratan Lal,

AW4 Babulal and AW.5 Veer Chand, it has come on record that the

deceased was having a Flour Mill and an Oil Mill (Ghani).

Therefore, taking into consideration the fact that both these

businesses were running in the Barmer District, the income of the

deceased assessed by the Tribunal appears to be on lower side,

this Court is of the opinion that interest of justice will be met, if

the monthly income of the deceased is assessed at Rs.5,000/-

instead of Rs.4,000/-.

Thus, the finding of the Tribunal on issue No.2 is modified.

The income of the deceased is assessed at Rs.5,000/- instead of

Rs.4,000/-. As far as the recomputation of the award in the light

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

Insurance Company Ltd. Vs. Pranay Sethi (supra) is concerned, a

joint calculation is submitted by learned counsel for the parties

which is reproduced as under :-

For            future 40% of Rs.5000/-    Rs. 2000
prospects :-          (Income          of
                      deceased)
Rs. 5000+ Rs. 2000/-                                      Rs. 7000

Amount to be deducted as Rs.7000/- / 1/3= Rs.

           spent on himself.        2333/-
Dependence Amount                                        7000-2333 = Rs. 4667/-





                                                             (4 of 4)                                     [CMA-16/2002]

The age of deceased was 40 years, therefore, a multiplier of 15

will be applied.

(I) Compensation due to 4667 x12x 15 Rs. 8,40,060/-

death

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

                                                                            Total                  Rs. 9,17,060/-

                                          Less : Amount awarded by the Tribunal                    Rs. 5,15,000/-

                                                                       Enhanced amount Rs. 4,02,060/-

The other factors employed by the Tribunal are unchanged

as the same are in conformity with law.

Accordingly, the appeal is partly allowed. The respondent

Insurance Company is directed to pay an amount of Rs.4,02,060/-

(Rupees : Four Lac Two Thousand Sixty 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 @

6% per annum from the date of filing the claim petition till the

actual payment is made.

(VINIT KUMAR MATHUR),J

8-SanjayS/-

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