Deepu Kunwar vs Abbas Khan
2021 Latest Caselaw 15251 Raj

Citation : 2021 Latest Caselaw 15251 Raj
Judgement Date : 1 October, 2021

Rajasthan High Court - Jodhpur

Deepu Kunwar vs Abbas Khan on 1 October, 2021

Bench: Vinit Kumar Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2856/2019

1. Smt. Deepu Kunwar W/o Shri Bhanwar Singh, Aged About 38 Years,

2. Rajveer Singh S/o Shri Bhanwar Singh, Aged About 12 Years,

3. Harshvardhan Singh S/o Shri Bhanwar Singh, Aged About 5 Years,

4. Bhiksingh S/o Shri Mansingh, Aged About 65 Years,

5. Smt. Mool Kanwar W/o Shri Bhiksingh, Aged About 62 Years, No. 2 & 3 are minor through natural guardian mother Smt. Deepu Kunwar w/o Shri Bhanwar Singh all B/c Rajput, R/o Bagdi, Tehsil Sumerpur, District Pali (Raj.)

----Appellants Versus

1. Abbas Khan S/o Shri Askar Khan, B/c Musalman, R/o Narvana, Tehsil Aahor, District Jalore.

(Driver Of Dumper No. Rj-03-Ga-2851)

2. Ujjwat Raika S/o Shri Thanaram Ji, B/c Dewasi, R/o Ranigaon, Tehsil Rani, District Pali (Owner Of Dumper No. Rj-03-Ga-2851)

3. Branch Manager The Oriental Insurance Company Ltd., Vardhman Complex, Kushal Bagh, Banswara , Tehsil And District Banswara (Insurer Of Dumper No. Rj-03-Ga-2851)

----Respondents

For Appellant(s) : Mr. Bharat Singh For Respondent(s) : Mr. Mukul Singhvi

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment

01/10/2021

At risk and cost of learned counsel for the appellants, service

of notice upon respondent No. 2 (owner) is dispensed with.

(2 of 5) [CMA-2856/2019]

With consent of the learned counsel for the parties, the

matter is being heard and disposed of finally.

The present appeal has been preferred by the appellants

against the Judgment and Award dated 28.06.2019 passed by the

Motor Accident Claims Tribunal, Sumperpur, Dist. Pali, in MACT

Claim Case No. 92/2016 whereby, the appellants-claimants were

awarded a sum of Rs. 20,74,750/- on account of the death of

Bhanwar Singh in the accident which occurred on 02.07.2016.

The learned Tribunal after framing the issues, evaluating the

evidence on record and hearing learned counsel for the parties

decided the claim petition of the appellants-claimants.

Heard learned counsel for the parties.

Learned counsel for the appellants submits that the finding

of Tribunal on Issue No. 2 is erroneous on the ground that despite

there being four documents on record viz. Ex.P-6 Inspection

Report of dead body, Ex.P-7 Panchnama of dead body, Ex.P-8

Memo of delivery of dead body and Ex.P-18 Post-Mortem Report

showing the age of the deceased to be 40 years, however, despite,

the availability of the supporting documents, the Tribunal

committed an error while taking into consideration the age of the

deceased between 40 to 45. Learned counsel further submits that

it was conclusively proved before the Tribunal that the age of the

deceased was 40 years.

It is further submitted that the Tribunal while taking into

consideration the age of the deceased to be 40 years the

multiplier of 15 as per the judgment of Hon'ble the Supreme Court

in the case of Sarla Verma & Ors. V/s Delhi Transport

Corporation & Anr. (2009) 6 SCC 12, should have been applied

whereas, the Tribunal while computing the award had taken the

(3 of 5) [CMA-2856/2019]

multiplier of 14 in the present case. He further submits that the

deduction of 10% towards the income tax from the income of the

deceased is also incorrect as the annual income of the deceased

was shown as Rs. 2,16,000/- p.a. and therefore, as per the rules

prevailing in the year 2016, the income of the deceased was not

taxable and therefore, the Tribunal committed an error while

deducting an amount of 10% towards the income tax. He further

submits that the amount of award in the present case may be

suitably enhanced.

Per contra, learned counsel for the respondent - Insurance

Company submits that the Tribunal had taken into consideration

the evidence brought on record and after the examination of the

same, Issue No. 2 was decided. He further submits that the

amount awarded by the Tribunal is 'Just Compensation' and

therefore, does not require any interference by this Court.

I have considered the submissions made at the Bar and gone

through the Judgment dated 28.06.2019 as well as the other

relevant record of the case.

The documentary evidence brought on record in the shape of

Exp-6,7,8 and 18 shows that the age of the deceased was 40

years and therefore, the Tribunal committed an error while taking

into consideration the multiplier in the present case.

The Tribunal committed an error while considering the age of

the deceased between 40 to 45 years and applied the multiplier of

14. The multiplier of 15 should have been applied for computation

of the award in view of the judgment of Hon'ble the Supreme

Court in the case of Sarla Verma & Ors. V/s Delhi Transport

Corporation & Anr. (2009) 6 SCC 12.

(4 of 5) [CMA-2856/2019]

The deduction of the amount to the extent of 10% towards

the income tax is also incorrect. As in the year of 2016 the annual

income of the deceased was Rs. 2,16,000/- p.a. which was not

taxable and therefore, no amount towards the income tax was

required to be deducted therefore, the annual income for

computation of the award is taken as 2,16,000/-.

Both the learned counsels for the parties have jointly

submitted the calculation for re-computation of the award in the

present case which is taken on record and is reproduced as

under :-

For             future 25%                           of Rs. 54,000/-
prospects :-           Rs.2,16,000/-
                       (Income                       of
                       deceased)
Rs. 2,16,000/- + Rs.54,000/-                              Rs. 2,70,000/- yearly

Amount to be deducted as spent on Rs. 2,70,000/- / 1/4 = himself. Rs. 67,500/-

Dependence Amount                                         Rs. 2,70,000-
                                                          Rs.67,500=
                                                          Rs.2,02,500/-

The age of deceased was 40-45 years, therefore, a multiplier of

15 will be applied.

(I) Compensation due to 2,02,500x15 Rs. 30,37,500/-

death

(II) For the Loss of Estate Rs. 15,000/-

(III) Funeral Expenses                                            Rs. 15,000/-

(IV) Loss of Consortium                                           Rs. 40,000/-

                                           Total                  Rs. 31,07,500/-

Less Amount awarded by the Tribunal                               Rs. 20,74,750/-

                                    Enhanced amount Rs. 10,32,750/-





                                                                             (5 of 5)                [CMA-2856/2019]

The other factors employed by the Tribunal are unchanged as

the same are in conformity with law.

Thus, in view of the discussions made above, the present

appeal is partly allowed and an amount of Rs.10,32,750/- (Rupees

Ten Lac Thirty Two Thousand Seven Hundred Fifty) is enhanced in

the present case. The respondent - Insurance Company is

directed to pay the enhanced amount of Rs. 10,32,750/- (Rupees

Ten Lac Thirty Two Thousand Seven Hundred Fifty) in addition to

the amount already awarded by the Tribunal vide its Judgment

dated 26.08.2019, within a period of six weeks from today. The

enhanced amount shall carry interest @ 6% from the date of filing

the claim-petition till the actual payment is made.