Rajasthan High Court
Asha Kanwar W/O Sadar Singh vs Narendra Singh S/O Jagmohan Singh on 29 April, 2022
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 5658/2018
1. Asha Kanwar W/o Sadar Singh, Aged About 43 Years,
2. Sudarshan Singh S/o Sagar Singh, Aged About 23 Years,
Both Resident Of Deval, Tehsil Malpura, Police Station
Lambaharisingh, District Tonk (Rajasthan)
----Appellants-Claimants
Versus
1. Narendra Singh S/o Jagmohan Singh, Aged About 29
Years, Resident Of Dangarthal, Niwai, Police Station,
Niwai, District Tonk (Rajasthan). (Driver Of Tempo No. RJ-
14/TB-4212)
2. Kailash Chand Mehara S/o Ramphool, Aged About 42
Years, R/o Plot No. 6155 Ganesh Mohallan, Ambedkar
Nagar Colony, Sanganer, Police Station, Sanganer, District
Jaipur (Rajasthan) (Owner Of Tempo No. RJ-14/TB-4212)
3. The New India Assurance Company Limited, Regional
Office, Jeevan Niji, Lic Building, bhawani Singh Road,
Jaipur (Rajasthan) 302005 W.e.f. 20.11.2013 To
19.11.2014. (Insurance Company Of Tempo No. RJ-
14/TB-4212).
----Respondents-Non-Claimants
Connected With
S.B. Civil Miscellaneous Appeal No. 5739/2018
1. Asha Kanwar W/o Sagar Singh, Aged About 43 Years,
2. Jitendra Singh S/o Sagar Singh, Aged About 26 Years,
3. Sudarshan Singh S/o Sagar Singh, Aged About 23 Years,
All Resident Of Deval, Tehsil Malpura, Police Station
Lambaharisingh, District Tonk (Rajasthan)
----Claimants-Appellants
Versus
1. Narendra Singh S/o Jagmohan Singh, Aged About 29
Years, Resident Of Dangarthal, Niwai, Police Station,
Niwai, District Tonk (Rajasthan).
(Driver Of Tempo No. RJ-14/TB-4212).
2. Kailash Mehara S/o Ramphool, Aged About 42 Years,
R/o Plot No. 6155 Ganesh Mohallan, Ambedkar Nagar
Colony, Sanganer, Police Station, Sanganer, District
(2 of 5) [CMA-5658/2018]
Jaipur (Rajasthan)
(Owner Of Tempo No. RJ-14/TB-4212)
3. The New India Assurance Company Limited, Regional
Office, Jeevan Niji, LIC Building, Bhawani Singh Road,
Jaipur (Rajasthan) 302005 W.e.f. 20.11.2013 To
19.11.2014. (Insurance Company Of Tempo No. RJ-
14/TB-4212).
----Respondents-Non-Claimants
For Appellant(s) : Mr. Avadesh Kumar Purohit, Adv.
For Respondent(s) : Mr. Rishipal Agarwal, Adv.
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Judgment
29/04/2022
Both the appeals arise out of the common judgment and
award, hence same are being decided together by this common
judgment.
Instant appeals have been preferred by the appellants-
claimants against the judgment and award dated 26.07.2018 &
21.08.2018 passed by the Court of Motor Accident Claims
Tribunal, Malpura Tonk in MAC Nos.50/2014 & 49/2014 (for
brevity 'the Tribunal') by which an amount of Rs.7,33,336/- was
awarded as compensation to the claimants-appellants on account
of death of Kishan Singh @ Virendra Singh in MAC No.50/2014
and an amount of Rs.6,75,472 was awarded as compensation to
the claimants-appellants on account of death of Sagar Singh in
MAC No.49/2014, which was occurred on 26.04.2014.
Learned Tribunal after framing the issues, evaluating the
evidence on record and hearing the counsel for the parties decided
the claim petitions awarding the compensation to the tune of
(3 of 5) [CMA-5658/2018]
Rs.7,33,336/- and 6,75,472/- under various heads in favour of the
claimants-appellants respectively in MAC Nos.50/2014 & 49/2014.
Learned counsel for the claimants-appellants submits that
the age of the deceased-Kishan Singh @ Virendra Singh was 20
years and deceased-Sagar Singh was 45 years at the time of
accident and the Tribunal has committed an error in granting
future prospects at 25% while future prospects should have been
granted to the extent of 40% in MAC No.50/2014 and 10 % future
prospects in MAC No.49/2014, looking to the age of the deceased-
Kishan Singh @ Virendra Singh and the deceased-Sagar Singh in
the light of the judgment of the Hon'ble Supreme Court delivered
in the case of National Insurance Company Ltd. Vs. Pranay
Sethi and Ors., reported in AIR 2017 SC 5157. He, therefore,
prays that re-computation of the award in the these cases may be
done in the light of the judgment of Pranay Sethi (supra).
Per contra, learned counsel for the respondent-Insurance
Company submits that the Tribunal while deciding the claim
petitions and calculating the award of the claimants-appellants
have correctly taken into consideration the factors in the claim
petitions on the anvil of evidence produced before it. Thus, the
judgment and award dated 26.07.2018 passed by the Tribunal
does not call for any interference by this Court.
Learned counsel, however, is not in a position to controvert
the submissions made by the counsel for the claimants-appellants
with respect to the judgment of Pranay Sethi (supra).
I have heard and considered the submissions made at the
Bar and gone through the judgment and award dated 26.07.2018
as well as the relevant record of these cases.
(4 of 5) [CMA-5658/2018]
Admittedly, the deceased- Kishan @ Virendra Singh was 20
years of age and deceased- Sagar Singh was 45 years of age at
the time of the accident. Thus, the Tribunal committed an error in
awarding 25% future prospects instead of 40 % in MAC
No.50/2014 and 10% instead of 25% in MAC No.49/2014 in the
light of the judgment delivered in the case of Pranay Sethi
(supra).
Thus, the award is recomputed in CMA No.5658/2018 as
under:-
Monthly income Rs. 4914/-
Annual Income Rs.4914/- x 12 = 58968/-
Add 40 % towards future Rs.58968 /- + 23,587/-
prospects = 82,555/-
Rs.82,555 /-x 18 = 14,85,993/-
Less 1/2nd towards personal Rs. 14,85,993/- - Rs.7,42,996/- =
expenses Rs. 7,42,997/-
Towards conventional head Rs.70,000/-
Total compensation Rs. 8,12,997/-
awardable
Less amount awarded by the Rs. 8,12,997/- - Rs.7,33,336/-
Tribunal Rs. 79,661/-
Enhanced amount of Rs. 79,661/-
compensation
Thus, the award is recomputed in CMA No.5739/2018 as
under:-
Monthly income Rs. 4914/-
Annual Income Rs.4914/- x 12 = 58,968/-
Add 25 % towards future Rs.58,968/- + 14742/-
prospects = 73,710/-
Rs.73,710/-x 14 = 10,31,940/-
Less 1/3rd towards personal Rs. 10,31,940/- - Rs. 3,43,980/-=
expenses Rs. 6,87,960/-
Towards conventional head Rs.70,000/-
Total compensation Rs. 7,57,960/-
awardable
(5 of 5) [CMA-5658/2018]
Less amount awarded by the Rs. 7,57,960/- - Rs.6,75,472/-
Tribunal Rs. 82,488/-
Enhanced amount of Rs. 82,488/-
compensation
In view of the discussions made above, the appellants-
claimants of CMA Nos.5658/2018 & 5739/2018 would be entitled
to get a further sum of Rs. 79,661/- and Rs.82,488/-respectively
and Insurance company is directed to pay an additional amount of
Rs.79,661/- & Rs.82,488/- respectively within a period of two
months from the date of receipt of certified copy of this order. The
enhanced amount shall carry 6% interest from the date of filing of
claim petitions till the actual payment is made in both the appeals.
Consequently, the appeals are disposed of.
All Pending application(s) stand(s) dismissed in both the
appeals, if any.
Registry is directed to send back the records of the Tribunal.
(ANOOP KUMAR DHAND),J
Pravesh/16-17
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