Rajasthan High Court - Jodhpur
Sangram Singh And Ors vs Rishal And Ors on 29 October, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 655/2018
1. Sangram Singh Son Of Mukan Singh, aged 48 years
2. Vinod Kanwar Wife Of Sangram Singh, aged 46 years
3. Gulab Kanwar D/o Sangram Singh, aged 20 years All By
Caste Rajput, Resident Of Pipaliya Kalla, Tehsil Raipur,
District Pali.
----Appellants
Versus
1. Rishal Son Of Hussain, By Caste Mev Muslim, Resident Of
Solika, Tehsil Palwal, Haryana [Driver Of Vehicle Truck No.
6843[
2. Rahat Ali Son Of Sadiq Ahmed, By Caste Muslim, Resident
Of Sojat Road, Mohalla Shastri Nagar, Sojat Road Police
Station, District Pali [Owner Of Vehicle/truck[
3. Ifco Tokyo General Insurance Company Limited, 140-A/I,
1st Floor, 1st "A" Road, Sardarpura, Jodhpur, Through Its
Divisional Manager [Insurer Of Vehicle/truck[
----Respondents
For Appellant(s) : Mr. D.S. Udawat
For Respondent(s) : Mr. Vishal Singhal
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
Order Reserved on : 22/10/2021
Order Pronounced on : 29/10/2021
The instant appeal has been filed under Section 173 of
Motor Vehicles Act against the judgment / award dated
12.10.2017 passed by the Motor Accident Claims Tribunal,
Jaitaran, Pali in MACT Case No. 119/2013, whereby learned
Tribunal awarded a sum of Rs.5,73,128/- as compensation.
The brief facts of the case are as under:-
Deceased Virendra Singh aged 20 years died on
10.9.2013 in a road accident. At the time of accident, he was
going as pillion rider on motorcycle. A truck bearing Registration
No. RJ 19 GD 6843 being driven by respondent no.1 rashly and
(2 of 4) [CMA-655/2018]
negligently, hit the motorcycle, on account of which, motorcycle
riders Amit and Virendra Singh sustained injuries. Virendra Singh
succumbed to his injuries on the spot. First Information Report
No. 334/2013 was registered and after investigation, police filed
charge-sheet against the truck driver - respondent no.1.
Deceased was unmarried. The claim petition was filed
by mother, father and elder sister of deceased. Learned Tribunal
after trial awarded a sum of Rs.5,73,128/- as compensation to the
claimants. Insurance Company, driver and owner of the truck were
held jointly and severely liable.
The instant appeal has been filed for enhancement of
the amount of compensation on various grounds. However, during
the arguments, learned counsel for the appellants raised only on
two grounds. He did not insist on rest of the grounds. As per his
first contention learned Tribunal committed error in not awarding
any amount towards future prospects of the deceased while
ascertaining income of the deceased. Secondly, learned counsel
for the appellants contended that learned Tribunal awarded only
Rs.15,000/- each to mother and father of deceased under the
head of loss of love & affection and Rs.5,000/- for funeral
expenses and Rs.2,000/- for transportation, whereas, as per
judgment of the Hon'ble Apex Court in the matter of National
Insurance Company vs. Pranay Sethi & Ors. : AIR 19 2017
SC 5157, in the conventional heads minimum Rs.77,000/- is
awardable.
On the other hand, learned counsel for the respondents
has contended that the amount of compensation awarded by
learned Tribunal is just and fair and requires no enhancement.
(3 of 4) [CMA-655/2018]
Having regard to the rival contentions of learned
counsel for the parties and after perusing the material available on
record, this Court is of the opinion that learned Tribunal erred in
not awarding any amount of compensation towards future
prospects. At the time of accident, deceased was 20 years of age
and was self employed. Hence, as per principles laid down by the
Hon'ble Apex Court, 40% of the income of the deceased should be
added while calculating the income of the deceased.
As per judgment by the Hon'ble Apex Court in the
matter of Pranay Sethi (supra), the claimants are entitled to get
Rs.77,000/- in the conventional head, which includes, loss of
estate, loss of love & affection and funeral expenses after adding
10% of the sum as per the principles enunciated in the above case
of Hon'ble Apex Court.
In view of above circumstances, the claimants are
entitled to get compensation in the following terms:-
Annual Income Rs. 51,792/-
After adding 40% towards Rs. 72,509/-
future prospect (51792 + Rs.
20717)
Less 1/2nd towards personal Rs. 36,255/-
expenses
Net annual loss Rs. 36,255/-
Loss of dependency (36255 x Rs. 6,52,590/-
18)
Add under conventional Rs. 77,000/-
expenses (70,000 + 10%)
Total compensation awardable Rs. 7,29,590/-
Amount awarded by the Tribunal Rs. 5,73,128/-
Consequently, the appeal is partly allowed. The award
dated 12.10.2017 is modified to the extent that claimants would
(4 of 4) [CMA-655/2018]
be entitled to a compensation of Rs. 7,29,590/- instead of
Rs. 5,73,128/- as awarded by the Tribunal. On the enhanced
amount of compensation i.e. Rs. 1,56,500/- (round off), the
claimants would be entitled to get interest @ 6% per annum from
the date of claim petition till the date of actual payment. After
adjusting the amount of compensation already paid to the
appellant, the outstanding amount of compensation shall be
deposited by the non-claimants with the Tribunal within a period of
one month from today. Amount so deposited, shall be disbursed to
the claimants in terms of the order passed by the Tribunal.
(RAMESHWAR VYAS),J
Anil Makawana/-
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