Rajasthan High Court - Jodhpur
Nathu Singh vs Babu Singh on 25 November, 2021
Bench: Vinit Kumar Mathur
(1 of 5) [CMAP-40/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Misc. Application No. 40/2021
1. Shri Nathu Singh S/o Shri Padam Singh, Aged About 30
Years,
2. Guddi D/o Shri Narayan Singh, Aged About 12 Years,
3. Khet Singh S/o Shri Narayan Singh, Aged About 10 Years,
4. Moti Singh S/o Shri Narayan Singh, Aged About 6 Years,
All by caste Rajpurohit, R/o.Village Aati, Dis. Barmer
Appellants Nos.2 to 4 are minor through their natural
guardian respondent No.1 (uncle) Shri Nathu Singh S/o
Shri Padam Singh.
----Petitioners
Versus
1. Babu Singh S/o Balwsingh, by cate Rajput, R/o.Vil.-
Bhiyad, Tehsil-Shiv, District-Barmer (Driver-Bus
No.RJ15P0295)
2. Poonam Singh S/o Hanwant Singh, by caste Rajput,
R/o.Vill-Bamnu, Tehsil-Phalodi, Dis. Jodhpur(Owner-Bus
No.RJ15P0295)
3. The ICICI Lombard General Insurance Company Ltd, Plot
No. 9, Basant Bahar, Gopalpura, Fly Over, Tonk Road,
Jaipur
----Respondents
Connected With
S.B. Misc. Application No. 39/2021
1. Shri Nathu Singh S/o Shri Padam Singh, Aged About 30
Years,
2. Guddi D/o Shri Narayan Singh, Aged About 12 Years,
3. Khet Singh S/o Shri Narayan Singh, Aged About 10 Years,
4. Moti Singh S/o Shri Narayan Singh, Aged About 6 Years,
All by caste Rajpurohit, R/o.Village Aati, Dis. Barmer
Appellants Nos.2 to 4 are minor through their natural
guardian respondent No.1 (uncle) Shri Nathu Singh S/o
Shri Padam Singh.
----Petitioners
Versus
(2 of 5) [CMAP-40/2021]
1. Babu Singh S/o Balwsingh, by cate Rajput, R/o.Vil.-
Bhiyad, Tehsil-Shiv, District-Barmer (Driver-Bus
No.RJ15P0295)
2. Poonam Singh S/o Hanwant Singh, by caste Rajput,
R/o.Vill-Bamnu, Tehsil-Phalodi, Dis. Jodhpur(Owner-Bus
No.RJ15P0295)
3. The ICICI Lombard General Insurance Company Ltd, Plot
No. 9, Basant Bahar, Gopalpura, Fly Over, Tonk Road,
Jaipur
----Respondents
For Petitioner(s) : Mr. Santosh Choudhary
For Respondent(s) : Mr. Rajesh Panwar
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
25/11/2021
S.B. Misc. Application No. 40/2021 :
The present application has been filed by the respondent
No.3/Insurance Company seeking correction in the judgment
passed by this Court on 18/02/2021 qua S.B. Civil Misc. Appeal
No.49/2010 (Shri Nathu Singh & Ors. vs. Babu Singh & Ors).
Learned counsel for the applicant submits that the appellant
Nos.2 to 4 filed the appeal through their uncle Nathu Singh - the
appellant No.1 but while calculating the computation at page
No.15-16, the appellant No.1 Nathu Singh has wrongly been
treated as dependent. It is also submitted that an amount of
Rs.33,000/- should have been awarded in conventional head
instead of Rs.77,000/-. He also prays that in the operative part of
the judgment, the enhanced amount in appeal No.49/2010 is
reflected as Rs.2,33,020/-, whereas it should have been
(3 of 5) [CMAP-40/2021]
Rs.1,39,040. He, therefore, prays that the computation may
kindly be modified accordingly.
The said fact is not disputed by learned counsel appearing on
behalf of the claimants.
In view of the above, the application is allowed. The
corrected recomputation reads as under :-
For future 40% of Rs.2,100/- Rs. 840/-
prospects :- (Income of
deceased)
Rs. 2,100/-+ Rs. 840/- Rs. 2,940/-
Amount to be deducted as Rs. 2,940/- / 1/3= Rs.
spent on himself. 980/-
Dependence Amount Rs. 2,940- Rs. 980=
Rs. 1,960/-
Compensation for death 1960X12X7 Rs.3,99,840/-
Conventional Head Rs.33,000/-
Total Rs.4,32,840/-
Awarded by Tribunal Rs.2,93,800/-
Enhanced Rs.1,39,040/-
In operative part, the enhanced amount in appeal
No.49/2010 be read as Rs.1,39,040/-instead of Rs.2,33,020/-.
Rest of the judgment dated 18/02/2021 shall remain intact.
S.B. Misc. Application No. 39/2021 :
The present application has been filed by the respondent
No.3/Insurance Company seeking correction in the judgment
(4 of 5) [CMAP-40/2021]
passed by this Court on 18/02/2021 qua S.B. Civil Misc. Appeal
No.51/2010 (Shri Nathu Singh & Ors. vs. Babu Singh & Ors).
Learned counsel for the applicant submits that while taking
age of deceased Narayan Singh as 40 years, amount towards loss
of future prospects of 40% has wrongly been applied, whereas it
should have been 25%. He also prays that in the operative part of
the judgment, the enhanced amount in appeal No.51/2010 is
reflected as Rs.1,52,000/-, whereas it should have been
Rs.98,000. He, therefore, prays that the computation may kindly
be modified accordingly.
The said fact is not disputed by learned counsel appearing on
behalf of the claimants.
In view of the above, the application is allowed. The
corrected recomputation reads as under :-
For future 25% of Rs.3,000/- Rs. 750/-
prospects :- (Income of
deceased)
Rs. 3,000/-+ Rs. 750/- Rs. 3,750/-
Amount to be deducted as Rs. 3,750/- / 1/3= Rs.
spent on himself. 1250/-
Dependence Amount Rs. 3,750- Rs. 1250=
Rs. 2,500/-
Compensation for death 2500X12X15 Rs.4,50,000/-
Conventional Head Rs.33,000/-
Total Rs.4,83,000/-
Awarded by Tribunal Rs.3,85,000/-
(5 of 5) [CMAP-40/2021]
Enhanced Rs.98,000/-
In operative part, the enhanced amount in appeal
No.51/2010 be read as Rs.98,000/-instead of Rs.1,52,000/-.
Rest of the judgment dated 18/02/2021 shall remain intact.
(VINIT KUMAR MATHUR),J
102-103SanjayS/-
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