The Oriental Ins. Co. Ltd vs Rooparam And Ors
2021 Latest Caselaw 16727 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Misc. Appeal No. 1708/2016

The Oriental Ins. Co. Ltd. through Divisional Manager, Bhansali Tower, Residency Road, Jodhpur

(Insurer of Maruti Van No. RJ-36-TA-0097)

----Appellant Versus

1. Rooparam S/o Shri Bhanwarooram, aged about 63 years.

2. Smt. Bhiki Devi W/o Shri Rooparam, aged about 60 years.

3. Smt. Kali Devi W/o Shri Durgaram, aged about 35 years.

4. Bharat S/o Shri Durgaram, aged about 13 years.

5. Jyoti D/o Shri Durgaram, aged about 15 years. All by caste Jat, residents of Kharadi, Tehsil Jaitaran, District Pali and respondent Nos.4 & 5 are minor through their natural guardian - Mother (respondent No.3)

---(Claimants)

6. Daljit Singh S/o Shri Sumer Singh, By caste Rawna Rajput, R/o Ras, Tehsil Jaitaran, District Pali.

---(Driver of Van No. RJ-36-TA-0097)

7. Kuldeep Singh S/o Shri Sumer Singh Dahiya, By caste Rawna Rajput, R/o Ras, Tehsil Jaitaran, District Pali.

---(Owner of Van No. RJ-36-TA-0097)

---(Non-Claimants) Connected With S.B. Civil Misc. Appeal No. 2110/2016

1. Ruparam S/o Shri Bhanwaru Ram, aged about 58 years.

2. Smt. Bhiki Devi W/o Shri Ruparam, aged about 55 years.

3. Smt. Kalidevi W/o Shri Durgaram, aged about 30 years.

4. Bharat S/o Shri Durgaram, aged about 8 years.

5. Jyoti D/o Shri Durgaram, aged about 10 years.

All by caste Jat, residents of Kharadi, Tehsil Jaitaran, District Pali and respondent Nos.4 & 5 are minor through their natural guardian, mother (respondent No.3).

                                         (2 of 4)                  [CMA-1708/2016]


                                                                  ----Appellants
                                   Versus

1. Daljit Singh S/o Shri Sumer Singh, By caste Rawna Rajput, R/o Raas, Tehsil Jaitaran, District Pali (Rajasthan).

---(Driver of Van No. RJ-36-TA-0097)

2. Kuldeep Singh S/o Shri Sumer Singh Dahiya, By caste Rawna Rajput, R/o Raas, Tehsil Jaitaran, District Pali (Rajasthan).

---(Owner of Van No. RJ-36-TA-0097)

3. Oriental Insurance Company Ltd., Inside Ajmeri Gate, Beawar, District Ajmer. (Insurance Company)

----Respondents

For Appellant(s) : Mr. L.D. Khatri (Insurance Co.) For Respondent(s) : Mr. Ravi Panwar (Claimants)

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

10/11/2021

Both these appeals have been preferred by the respective

parties against the judgment and award dated 16.05.2016 passed

by the Motor Accident Claims Tribunal, Jaitaran, District Pali, in

M.A.C. Case No.126/2011, whereby the claimants were awarded a

compensation in the sum of Rs. 7,77,660/- for the injuries

suffered by them in the accident which was occurred on

03.05.2011.

Learned Tribunal after framing of the issues, evaluating the

evidence on record and hearing the counsel for the parties have

decided the claim-petition of the claimants.

Learned counsel Mr. Khatri appearing on behalf of the

Insurance Company stated that the amount of compensation as

(3 of 4) [CMA-1708/2016]

awarded in the present case is on the higher side, therefore, the

award may be modified.

On the other hand, learned counsel Mr. Panwar appearing on

behalf of the claimants stated that keeping in view the latest

pronouncements of Hon'ble the Supreme Court, the amount as

awarded by the Tribunal is required to be enhanced.

Learned counsel for the parties submit that the amount is

required to be recomputed in the light of judgment dated

03.07.2017 passed by Hon'ble the Supreme Court in the case of

"Mukund Dewangan Vs. Oriental Insurance Company Limited"

reported in (2017) 14 SCC 663 and "National Insurance Company

Limited Vs. Pranay Sethi & Ors." reported in AIR (2017) SC 5157.

Learned counsel for the parties jointly submitted the recalculation

of the award in the present case on the basis of judgment

rendered in Pranay Sethi's case:-

1. Rs. 5,82,660.00 - Dependency

2. Rs. 2,33,064.00 - Future Prospects @ 40%

------------------

Rs. 8,15,724.00

3. Rs. 70,000.00

------------------

Rs. 8,85,724.00 (was to be paid) (-) Rs. 7,77,660.00 (Awarded by the Tribunal)

------------------

Rs.1,08,064.00 (Difference is to be enhanced)

------------------

Rs.1,08,064/- along with interest @ 6% p.a.

(4 of 4) [CMA-1708/2016]

In view of the discussion made hereinabove, the appeal filed

by the Insurance Company is dismissed and the appeal filed by

the claimants is allowed to the extent that now the claimants are

entitled to receive an additional amount of Rs.1,08,064/-, as

referred hereinabove, along with interest @ 6% from the date of

this order.

(DEVENDRA KACHHAWAHA),J

45-46-Rashi/-

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