Ranga vs Shankar
2022 Latest Caselaw 6176 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 78/2021

1. Ranga S/o Shri Nathu, Aged About 67 Years, R/o Timran , Tehsil Anandpuri , Distt. Banswara , (Raj.) (Father Of Deceased Rooplal)

2. Smt. Raj W/o Ranga, Aged About 64 Years, R/o Timran , Tehsil Anandpuri , Distt. Banswara , (Raj.) (Mother Of Deceased Rooplal)

3. Rakesh (Adopted) S/o Shri Rooplal, Aged About 23 Years, R/o Timran , Tehsil Anandpuri , Distt. Banswara , (Raj.) (Adopted Son Of Deceased Rooplal).

----Appellants Versus

1. Rajesh Dosi S/o Shri Mahendra Kumar, R/o Anandpuri Road, Bagidora , Tehsil Bagidora , Distt. Banswara , (Owner)

2. National Insurance Company Ltd., Branch Commercial Colony , Banswara , Tehsil And Distt. Banswara . (Insurer)

3. Shankar S/o Valji, R/o Thapada Anandpuri , Tehsil Anandpuri , Distt. Banswara , (Raj.) (Driver)

4. Smt. Hemlata W/o Rooplal, R/o Timran , At Present D/o Kashavkant S/o Ramji , Chanana , R/o Dhodeya , Tehsil Anandpuri , Distt. Banswara , (Raj.) (Wife Of Deceased Rooplal)

5. Miss Ashvina Kumari D/o Rooplal, R/o Timran , Minor Through Mother And Natural Guardian Smt. Hemlata W/o Rooplal , R/o Timran , At Present D/o Kashavkant S/o Ramji , Chanana , R/o Dhodeya , Tehsil Anandpuri , Distt. Banswara , (Raj.) (Daughter Of Deceased Rooplal)

6. Miss Ashwariya D/o Rooplal, R/o Timran , Minor Through Mother And Natural Guardian Smt. Hemlata W/o Rooplal , R/o Timran , At Present D/o Kashavkant S/o Ramji , Chanana , R/o Dhodeya , Tehsil Anandpuri , Distt. Banswara , (Raj.) (Daughter Of Deceased Rooplal).

----Respondents Connected With S.B. Civil Misc. Appeal No. 77/2021

1. Ranga S/o Shri Nathu, Aged About 67 Years, R/o Timran ,

(2 of 6) [CMA-78/2021]

Tehsil Anandpuri , Distt. Banswara , (Raj.) (Father Of Deceased Rooplal)

2. Smt. Raju W/o Ranga, Aged About 64 Years, R/o Timran , Tehsil Anandpuri , Distt. Banswara , (Raj.) (Mother Of Deceased Rooplal)

----Appellants Versus

1. Shankar S/o Valji, R/o Thapada Anandpuri , Tehsil Anandpuri , Distt. Banswara , (Raj.) (Driver)

2. Rajesh Dosi S/o Shri Mahendra Kumar, R/o Anandpuri Road, Bagidora , Tehsil Bagidora , Distt. Banswara , (Owner)

3. National Insurance Company Ltd., Branch Commercial Colony , Banswara , Tehsil And Distt. Banswara . (Insurer)

4. Smt. Hemlata W/o Rooplal, R/o Timran , At Present D/o Kashavkant S/o Ramji , Chanana , R/o Dhodeya , Tehsil Anandpuri , Distt. Banswara , (Raj.) (Wife Of Deceased Rooplal)

5. Miss Ashvina Kumari D/o Rooplal, R/o Timran , Minor Through Mother And Natural Guardian Smt. Hemlata W/o Rooplal , R/o Timran , At Present D/o Kashavkant S/o Ramji , Chanana , R/o Dhodeya , Tehsil Anandpuri , Distt. Banswara , (Raj.) (Daughter Of Deceased Rooplal)

6. Miss Ashika D/o Rooplal, R/o Timran , Minor Through Mother And Natural Guardian Smt. Hemlata W/o Rooplal , R/o Timran , At Present D/o Kashavkant S/o Ramji , Chanana , R/o Dhodeya , Tehsil Anandpuri , Distt. Banswara , (Raj.) (Daughter Of Deceased Rooplal)

----Respondents

For Appellant(s) : Mr. Parikshit Nayak For Respondent(s) : Mr. Leeladhar Khatri Mr. Mahendra Trivedi

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

27/04/2022

S.B. Civil Misc. Appeal No. 78/2021:-

(3 of 6) [CMA-78/2021]

The present appeal has been preferred by the appellants-

claimants-mother-father and adopted son of the deceased Roop

Lal against the judgment and award dated 02.12.2020 passed by

the learned Judge, Family Court, Banswara in Claim Case

No.112/2017 (old case No.227/2014), whereby the learned Family

Court awarded Rs.60,68,260/- as compensation for the claim of

the accidental death of Roop Lal.

Learned counsel appearing for the claimants-appellants

submitted that though the learned Family Court while partly

allowing the claim petition has awarded the total sum of

Rs.60,68,260/-, but the aforesaid amount has wrongly been

bifurcated in between the claimants and only Rs. 6,00,000/- each

has been awarded to the present appellants-claimants, whereas

the fact of the matter remains that the present appellants are

father, mother and adopted son of the deceased Roop Lal and,

therefore, the learned Family Court ought to have awarded more

amount than the amount awarded to the present appellants. It is

also submitted that no amount of interest has been awarded over

the amount of Rs.6,00,000/-.

Per contra, learned counsel appearing for the respondents-

non-claimants No.4 (wife of the deceased Roop Lal) submits that

the learned Family Court has rightly bifurcated the award amount

between the claimants, however, learned counsel appearing for

the respondents-non-claimants No.4 submits that from her total

amount of compensation awarded, she is ready and willing to

disburse the amount of Rs.1,00,000/- each to the appellants-

claimants No.1 and 2 being father and mother of the deceased

(4 of 6) [CMA-78/2021]

Roop Lal, but in so far as appellant No.3 being the adopted son is

concerned, she is not willing to part with her amount of

compensation.

In view of the above, the present appeal is partly allowed in

the manner that a sum of Rs.1,00,000/- each be also awarded to

the appellants No.1 and 2 from the total awarded amount of

respondent No.4 in addition to the already awarded amount of

Rs.6,00,000/-. The impugned award dated 02.12.2020 is modified

to that extent only.

In so far as the appeal preferred by appellant No.3-claimant

is rejected.

S.B. Civil Misc. Appeal No. 77/2021:-

The present appeal seeking enhancement under Section 173

of the Motor Vehicles Act, 1988 (hereinafter referred to as "the

M.V. Act" for short) has been preferred by the appellants-

claimants against the judgment and award dated 02.12.2020

passed by the learned Family Court, Banswara in Claim Case

No.113/2017 (old case No.229/2014), whereby the learned Family

Court has partly allowed the claim petition and awarded the total

sum of Rs.60,68,260/-.

Briefly stated facts of the case are that on 18.04.2014 at

about 2:00 PM Roop Lal was roaming on his motorcycle bearing

No. RJ-03-SB-6734 from village Chhich to village Timran for the

purpose of election duty and at that time, one mini truck bearing

No.RJ-03-GA-2956 (hereinafter referred to as "the offending

vehicle" for short), which was being driven by the non-claimant

(5 of 6) [CMA-78/2021]

No.3 driver Shankar rashly and negligently, hit the motorcycle

resulting into grievous injuries to Roop Lal and therefore, he was

admitted to the Banswara Hospital, where during, treatment he

was died.

For the said accident, an FIR bearing No.89/2014 was

registered at Police Station, Kalijara and after due investigation,

the Investigating Officer submitted charge-sheet against the driver

of the offending vehicle before the Court of Judicial Magistrate

(Junior Division), Bhagidara for the offence under Sections 279

and 304-A of the IPC.

The appellants preferred the claim petition before the

learned Family Court seeking total compensation to the tune of

Rs.1,66,50,000/- and claiming that at the time of death of the

deceased Roop Lal, he was 36 years of old and was earning a sum

of Rs.45,000/- per month as he was a Teacher Grade-III and was

also doing the agricultural work.

The said claim petition came up for consideration before the

learned Family Court and vide judgment and award impugned, the

learned Tribunal while partly allowing the claim petition, awarded

the total award of Rs.60,68,260/-.

Challenging the impugned judgment and award, the learned

counsel for the appellants-claimants submits that the learned

Family Court has erred in awarding meager amount of

compensation as at the time of accident, the deceased Roop Lal

was only 36 years of age and was also doing government job as

Teacher Grade-III and was also earning certain amount by doing

agricultural work and, therefore, the learned Family Court has not

only wrongly assessed the monthly income of the deceased, but

(6 of 6) [CMA-78/2021]

also failed to consider the future prospects and have also awarded

meager amount towards several heads like loss of love and

affection, loss of parental consortium, loss of consortium, funeral

expenses etc. etc. Thus, it is prayed that the awarded amount

deserves to be enhanced suitably.

Per contra, learned counsel appearing for the respondent-

Insurance Company submits that the learned Family Court was

justified in awarding the total compensation of Rs.60,68,260/- and

the appellants are having no ground to maintain the present Misc.

Appeal for enhancing the awarded amount.

Heard learned counsel for the parties.

I have perused the findings given by the learned Family

Court, whereby the learned Family Court granted compensation to

the tune of Rs.60,68,260/-. The learned Family Court has

discussed each and every aspect of the matter and gave the

cogent and proper findings while awarding the compensation to

the tune of Rs.60,68,260/-.

In my opinion, no error has been committed by the learned

Family Court in awarding sum of Rs.60,68,260/-.

Therefore the present appeal is dismissed.

(MADAN GOPAL VYAS),J 73-74-Jagjeet/-

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