Daya Ram And Anr vs Hardutt @ Harpat And Ors
2021 Latest Caselaw 16719 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Civil Misc. Appeal No. 1371/2012

1. Daya Ram s/o Shri Jug Lal, aged about 28 years, by caste Jat,

2. Taro w/o Shri Daya Ram, aged about 26 years, by caste Jat, Both residents of Munsari, Tehsil Bhadra, District Hanumangarh

----Appellants Versus

1. Hardutt @ Harpat s/o Shri Kashi Ram, aged about 62 years, by caste Swami, Resident of Parlika, Tehsil Nohar, District Hanumangarh

2. Heritage Sr. Secondary School, Heritage Shikshan Samiti through Chairman Sudesh Kumar s/o Shri Champa Lal, by caste Mahajan, Resident of Ward No. 12, Bhadra, Tehsil Bhadra, District Hanumangarh

3. The New India Assurance Co. Ltd. through Divisional Manager, Sri Ganganagar

----Respondents

For Appellant(s) : Mr. S.S. Gour For Respondent(s) : Mr. V.K. Bhadu for respondent No. 1 Mr. S.K. Sankhla for Mr. Rishi

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Judgment

November 10, 2021

With the consent of learned counsel for the parties, the

present appeal is being heard and decided at the admission stage.

The present civil misc. appeal under Section 173 of Motor

Vehicles Act for enhancement of compensation has been preferred

by claimants-appellants against the Judgment dated 17.03.2012

passed by Judge, Motor Accident Claims Tribunal, Bhadra, District

Hanumangarh in Claim Case No. 32/2009, whereby an amount of

(2 of 4) [CMA-1371/2012]

Rs. 1,90,000/- along with interest @ 9% per annum was awarded

in favour of claimants-appellants and against the non-claimants

-respondents jointly and severally.

Brief facts of the case in short are that on 27.08.2009 at

around 6.30 A.M., when son of claimants-appellants viz. Ashok

was going to school in his correct side, one bus bearing

Registration No. RJ-31-PA-1048 driven by its driver in a rash and

negligent manner hit Ashok, on account of which he died. First

Information Report regarding said accident was lodged and after

investigation, the police filed charge-sheet against driver of the

bus. The claimants-appellants filed the claim petition claiming

compensation to the tune of Rs. 30,60,000/- with interest. In the

claim petition, it was averred that deceased Ashok used to assist

his father in the agricultural work along with his study. He was

only son of claimants-appellants. In reply to the claim petition

filed by the non-claimant-respondent - Insurance Company, it was

averred that driver of the bus was not having valid and effective

driving license to ply the bus. The bus was running without

permit. The accident took place on account of crossing the road

by the deceased himself in a wrongful manner.

The Tribunal framed issues and after evaluating the evidence

and hearing the arguments of the parties, decided issue of rash

and negligent driving in favour of the claimants-appellants. The

Tribunal, on the basis of his school record, found age of deceased

Ashok as 4-1/2 years at the relevant time. As per the Tribunal,

deceased Ashok was admitted in the school for the first time in

that year only. The contention of the claimants-appellants that

deceased was assisting his father in the agricultural work was

rejected. After considering the judgments of the Hon'ble Supreme

(3 of 4) [CMA-1371/2012]

Court, the Tribunal passed the judgment dated 17.03.2012 vide

which an amount of Rs. 1,90,000/- was awarded as compensation

with interest @ 9% per annum in favour of the claimants-

appellants.

Heard learned counsel for the parties.

Learned counsel for claimants-appellants while assailing the

findings on Issue No. 4 recorded by the Tribunal has submitted

that deceased Ashok was only son of claimants-appellants, who

died at the young age of 7 years in the said vehicular accident.

The deceased was assisting his father in the agricultural work

along with his study. He, therefore, prays to enhance quantum of

compensation with interest @ 18% per annum in favour of the

claimants-appellants.

Learned counsel for the claimants-appellants has relied upon

the judgments of the Hon'ble Supreme Court in the cases of

Kishan Gopal & Anr. Vs. Lala & Ors. reported in 2013(2) WLC

(SC) Civil 443 and National Insurance Co. Ltd. Vs. Gaje

Singh & Ors. reported in MACD 2013(3) (Delhi) 1502.

On the contrary, learned counsel for the non-claimants/

respondents have supported the judgment impugned passed by

the Tribunal and submitted that the Tribunal after evaluating the

evidence and material on record, has awarded just and fair

compensation, which does not require any interference.

I have considered the submissions made at the Bar and gone

through the judgment dated 17.03.2012 as well as other relevant

documents.

In the present case, deceased Ashok was below 5 years of

age at the time of accident and was pursuing his study. He was

only son of claimants-appellants. Keeping in mind the age of the

(4 of 4) [CMA-1371/2012]

deceased, profession of the claimants, stage of education of the

deceased and the law laid down by the Hon'ble Apex Court in its

various authoritative pronouncements, this Court deems it fit to

award the compensation in accordance with the RASLA Guidelines.

As per RSALA Guidelines, in case of child death upto the age

of 5 years, Rs. 2.50 lacs has been prescribed as just and fair

compensation. In the memo of appeal, the claimants-appellants

have also claimed Rs. 2,50,000/- as compensation. There is no

ground to deny just and fair compensation to the claimants-

appellants.

In this background, the appeal of the claimants-appellants

deserves to be partly allowed and the amount of compensation

awarded by the Tribunal deserves to be enhanced from

Rs. 1,90,000/- to Rs. 2,50,000/-.

Accordingly, the present civil misc. appeal is allowed and the

Judgment dated 17.03.2012 passed by the Tribunal is modified to

the extent that the claimants-appellants are entitled to receive a

total sum of Rs. 2,50,000/- instead of Rs. 1,90,000/-. The

enhanced amount shall carry simple interest @ 6% per annum

from the date of filing the claim petition before the learned

tribunal till realization of the same. The non-claimant-respondent

- Insurance Company shall deposit enhanced amount with interest

before the Tribunal within a period of one month from the date of

order, whereafter, the same shall be disbursed by the Tribunal to

the claimants-appellants in accordance with law.

(RAMESHWAR VYAS),J

Inder/-

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