Shiv Lal And Anr vs Chhindarpal Singh And Ors
2021 Latest Caselaw 15380 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1773/2011

1. Shivlal S/o. Prabhu Ram, aged about 54 years,

2. Ugmadevi W/o Shivlal, aged about 48 years, Both by caste Jatol, R/o.New Colony, Sindhari, Tehsil Gudamalani, District Barmer (Raj.).

----Appellant Versus

1. Chhindarpal Singh S/o.Sher Singh, by caste Jat Sikh, R/o. & New Abadi, Dhimtha Colony, Post Fhazilka, District Firozpur (Punjab).

(Driver Truck No.PB-05-L-6411)

2. Hardayal Singh S/o Godha Singh, by caste - Jat Sikh, R/o. & HP Godam Ke Pass, Abohar Road, Namdev Nagar, Post-Fhazilka, District Firozpur (Punjab).

(Onwer Truck No.PB-05-L-6411)

3. United India Insurance Company Ltd., Circle Office, Station Road Post Barmer.

(Insurer of Truck No.PB-05-L-6411)

----Respondent

For Appellant(s) : Mr. Prashant Panwar for Mr. Rajesh Panwar For Respondent(s) : Mr. A.K. Dadhich

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

04/10/2021

The matter is listed in the order's category.

The service of notice upon the respondent No.2 is dispensed

with at the risk and cost of learned counsel for the appellants.

With the consent of learned counsel for the parties, the

matter is being heard and decided finally at this stage.

(2 of 3) [CMA-1773/2011]

The present appeal has been preferred against the judgment

and award dated 17/03/2011 passed by learned Motor Accident

Claims Tribunal, Balotra in Civil Misc. Claim Case No.226/2009,

whereby, the learned Tribunal after framing the issues, evaluating

the evidence on record and hearing the learned counsel for the

parties decided the claim petition of the claimants/appellants and

awarded a sum of Rs.3,66,000/- in favour of the

appellants/claimants on account of the death of Sanni Jatol in the

accident which occurred on 02/10/2009.

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the appellants as well as learned

counsel for the respondent/Insurance Company submit that the

finding of the Tribunal on issue Nos.2 and 5 is erroneous and both

the learned counsels have submitted a joint recalculation sheet for

computation of the award in the present case. The same is as

under :-

For future 40% of Rs.4,500/- Rs.1800/-

prospects :-     (Income of deceased)


Rs. 4500/- + Rs. 1800/-                                 Rs.6300/-

Amount to be deducted as Rs.6300/- / 1/2 = Rs.

spent on himself. 3150/-

The age of deceased was 23 years therefore, a multiplier of

18 will be used.

(I) Compensation due to 3150x12x18 Rs. 6,80,400/-

death

(II) Other conventional heads Rs. 30,000/-

                                                                            (3 of 3)                  [CMA-1773/2011]


                                                                            Total                  Rs. 7,10,400/-

                                   Less : Amount awarded by the Tribunal                           Rs. 3,66,000/-

                                         Enhanced amount                                           Rs.3,44,400/-

Thus, in view of the joint calculation submitted, the present

appeal is partly allowed and the amount of Rs.3,44,400/-

(Rupees: Three Lac Forty Four Thousand Four Hundred Only) is

enhanced and the respondent-Insurance Company is directed to

pay the enhanced amount in addition to the amount already

awarded by the Tribunal vide its judgment and award dated

17/03/2011 within a period of six weeks from today. The

enhanced amount shall carry an interest @ 6% per annum from

the date of filing of the claim petition and till the same is paid.

(VINIT KUMAR MATHUR),J

58-SanjayS/-

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