Prakhand Shah vs Jeetu Bhai Verma
2022 Latest Caselaw 14604 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1601/2022

The New India Assurance Co. Ltd., T.p. Claims Hub, Divisional Office-1St, Abhay Chambers, Jalori Gate Jodhpur. Through Its Authorized Representative.

----Appellant Versus

1. Prakhand Shah S/o Late Sh. Pankaj Shah, R/o Kansarwara, Banswara, Presently Residing At House No. 66/5 Mohan Colony, Banswara, Rajasthan

2. Mst. Palak Shah D/o Late Sh. Pankaj Shah, R/o Kansarwara, Banswara, Presently Residing At House No. 66/5 Mohan Colony, Banswara, Rajasthan

3. Smt. Sajjan Devi W/o Late Sh. Shreelal Shah, R/o Kansarwara, Banswara, Presently Residing At House No. 66/5 Mohan Colony, Banswara, Rajasthan

4. Jeetu Bhai Verma S/o Sh. Phoolchand Verma, R/o Khandwa, Old Indore Taluka, District Indore(M.p.) (Driver)

5. Anirudh Garg @ Chintu S/o Sh. Gopal Garg, R/o 1/145, Tarnsport Nagar Indore (M.p.) (Owner)

6. National Insurance Company Ltd., Branch Commercial Area, Dahod Road, Banswara Through Tp Claims Hub, Regional Officer Sun Tower, Pal Road, Jodhpur.

----Respondents Connected With S.B. Civil Misc. Appeal No. 1531/2022

1. Prakhand Shah S/o Late Shri Pankaj Shah, Aged About 27 Years, R/o Kansarwada, Banswara, Presently R/o House No. 66/5, Mohan Colony, Banswara (Raj.)

2. Miss Palak Shah D/o Late Shri Pankaj Shah, Aged About 28 Years, R/o Kansarwada, Banswara, Presently R/o House No. 66/5, Mohan Colony, Banswara (Raj.)

3. Smt. Sajjan Devi W/o Late Shri Shrilal Shah, Aged About 82 Years, R/o Kansarwada, Banswara, Presently R/o House No. 66/5, Mohan Colony, Banswara (Raj.)

----Appellants Versus

1. Jeetu Bhai Verma S/o Shri Phoolchand Verma, R/o Khandwa, Old Indore Taluka, Distt. Indore (M.p.) (Driver Of Vehicle Truck No. Mp 09-Hg-4907)

2. Anirudh Garg @ Chintu S/o Shri Gopal Garg, R/o 1/145, Transport Nagar, Indore, Distt. Indore (M.p.) (Owner Of Vehicle Truck No. Mp 09-Hg-4907)

3. Branch Manager, The New India Insurance Company Ltd.

Shakti Nagar Branch, Udaipur (Raj.) (Insurance Company Of Vehicle Truck No. Mp 09-Hg-4907)

(2 of 7) [CMA-1601/2022]

4. Branch Manager, National Insurance Company Ltd., Commercial Area Branch, Dahod Road, Banswara (Raj.) (Insurance Company Of Vehicle Wagon-R Car No. Rj 03- Ca-0603)

----Respondents S.B. Civil Misc. Appeal No. 1532/2022

1. Prakhand Shah S/o Late Shri Pankaj Shah, Aged About 27 Years, R/o Kansarwada, Banswara, Presently R/o House No. 66/5, Mohan Colony, Banswara (Raj.)

2. Miss Palak Shah D/o Late Shri Pankaj Shah, Aged About 28 Years, R/o Kansarwada, Banswara, Presently R/o House No. 66/5, Mohan Colony, Banswara (Raj.)

3. Smt. Sajjan Devi W/o Late Shri Shrilal Shah, Aged About 82 Years, R/o Kansarwada, Banswara, Presently R/o House No. 66/5, Mohan Colony, Banswara (Raj.)

----Appellants Versus

1. Jeetu Bhai Verma S/o Shri Phoolchand Verma, R/o Khandwa, Old Indore Taluka, Distt. Indore (M.p.) (Driver Of Vehicle Truck No. Mp 09-Hg-4907)

2. Anirudh Garg @ Chintu S/o Shri Gopal Garg, R/o 1/145, Transport Nagar, Indore, Distt. Indore (M.p.) (Owner Of Vehicle Truck No. Mp 09-Hg-4907)

3. Branch Manager, The New India Insurance Company Ltd.

Shakti Nagar Branch, Udaipur (Raj.) (Insurance Company Of Vehicle Truck No. Mp 09-Hg-4907)

4. Branch Manager, National Insurance Company Ltd., Commercial Area Branch, Dahod Road, Banswara (Raj.) (Insurance Company Of Vehicle Wagon-R Car No. Rj 03- Ca-0603)

----Respondents S.B. Civil Misc. Appeal No. 1533/2022

1. Prakhand Shah S/o Late Shri Pankaj Shah, Aged About 27 Years, R/o Kansarwada, Banswara, Presently R/o House No. 66/5, Mohan Colony, Banswara (Raj.)

2. Miss Palak Shah D/o Late Shri Pankaj Shah, Aged About 28 Years, R/o Kansarwada, Banswara, Presently R/o House No. 66/5, Mohan Colony, Banswara (Raj.)

3. Smt. Sajjan Devi W/o Late Shri Shrilal Shah, Aged About 82 Years, R/o Kansarwada, Banswara, Presently R/o House No. 66/5, Mohan Colony, Banswara (Raj.)

----Appellants Versus

1. Jeetu Bhai Verma S/o Shri Phoolchand Verma, R/o Khandwa, Old Indore Taluka, Distt. Indore (M.p.) (Driver Of Vehicle Truck No. Mp 09-Hg-4907)

2. Anirudh Garg @ Chintu S/o Shri Gopal Garg, R/o 1/145, Transport Nagar, Indore, Distt. Indore (M.p.) (Owner Of Vehicle Truck No. Mp 09-Hg-4907)

(3 of 7) [CMA-1601/2022]

3. Branch Manager, The New India Insurance Company Ltd.

Shakti Nagar Branch, Udaipur (Raj.) (Insurance Company Of Vehicle Truck No. Mp 09-Hg-4907)

4. Branch Manager, National Insurance Company Ltd., Commercial Area Branch, Dahod Road, Banswara (Raj.) (Insurance Company Of Vehicle Wagon-R Car No. Rj 03- Ca-0603)

----Respondents S.B. Civil Misc. Appeal No. 1607/2022 The New India Assurance Co. Ltd., R.p. Claims Hub, Divisional Office-1St, Abhay Chambers, Jalori Gate, Jodhpur Through Its Authorized Representative.

----Appellant Versus

1. Prakhand Shah S/o Late Sh. Pankaj Shah, R/o Kansarwara, Banswara, Presently Residing At House No. 66/5 Mohan Colony, Banswara, Rajasthan.

2. Mst. Palak Shah D/o Late Sh. Pankaj Shah, R/o Kansarwara, Banswara, Presently Residing At House No. 66/5 Mohan Colony, Banswara, Rajasthan.

3. Smt. Sajjan Devi Shah W/o Late Sh. Shreelal Shah, R/o Kansarwara, Banswara, Presently Residing At House No. 66/5 Mohan Colony, Banswara, Rajasthan.

4. Jeetu Bhai Verma S/o Sh. Phoolchand Verma, R/o Khandwa, Old Indore Taluka, District Indore (M.p.) (Driver)

5. Anirudh Garg @ Chintu S/o Sh. Gopal Garg, R/o 1/145, Transport Nagar, Indore (M.p.) (Owner)

6. National Insurance Co. Ltd., Branch Commercial Area, Dahod Road, Banswra, Through T.p. Claims Hub, Regional Office Sun Tower, Pal Road, Jodhpur.

----Respondents S.B. Civil Misc. Appeal No. 1611/2022 The New India Assurance Co. Ltd., T.p. Claims Hub, Divisional Office-1St, Abhay Chambers, Jalori Gate Jodhpur, Throgh Its Authorized Representative.

----Appellant Versus

1. Prakhand Shah S/o Late Sh. Pankaj Shah, R/o Kansarwara, Banswara, Presently Residing At House No.66/5 Mohan Colony, Banswara, Rajasthan.

2. Mst. Palak Shah D/o Late Sh. Pankaj Shahr/o Kansarwara, Banswara, Presently Residing At House No.66/5 Mohan Colony, Bans, R/o Kansarwara, Banswara, Presently Residing At House No.66/5 Mohan Colony, Banswara, Rajasthan.

3. Smt. Sajjan Devi Shah W/o Late Sh. Shreelal Shah, R/o Kansarwara, Banswara, Presently Residing At House No.66/5 Mohan Colony, Banswara, Rajasthan.

(4 of 7) [CMA-1601/2022]

4. Jeetu Bhai Verma S/o Sh. Phoolchand Verma, R/o Khandwa, Old Indore Taluka, District Indore (M.p.) (Driver)

5. Anirudh Garg @ Chintu S/o Sh. Gopal Garg, R/o 1/145, Transport Nagar, Indore (M.p.) (Owner)

6. National Insurance Company Limited, Branch Commercial Area, Dahod Road, Banswara Through T.p. Claims Hub, Regional Office Sun Tower, Pal Road, Jodhpur.

----Respondents

For Appellant(s) : Mr. Jadish Vyas with Mr. Deepak Vyas For Respondent(s) : Mr. Rakesh Arora Mr. Santosh Choudhary

HON'BLE MS. JUSTICE REKHA BORANA

Order

13/12/2022

The present appeals arise out of a common award dated

09.05.2022 passed by the Motor Accident Claims Tribunal cum

Family Court, Banswara in three claim petitions. Three appeals

have been preferred by the Insurance Company against the award

of compensation as issued in favour of the claimants and three

appeals have been preferred by the claimants for enhancement of

the compensation amount.

In S.B. Civil Misc. Appeal No.1601/2022, 1607/2022 and

1611/2022

Admit. Issue notice.

Notices need not be issued to claimants as they are already

represented by counsel. The National Insurance Company i.e. the

insurer of the Wagon-R car is also represented by counsel so

notices need not be issued to the National Insurance Company

also. So far as the driver and owner of the truck are concerned,

learned counsel for the appellant-insurance company submits that

(5 of 7) [CMA-1601/2022]

the appeals are only against the findings of quantum of

compensation and negligence of the car owner/driver and

therefore service upon the driver and the owner of the truck may

be dispensed with.

In view of the submission made, service upon driver and

owner is dispensed with at the risk of the appellant.

Heard learned counsel for the parties on stay applications.

Learned counsel for the appellant submits that the

calculation of the income of deceased-Pankaj Shah by the Tribunal

is totally erroneous as while computing the same, the income qua

capital gain because of sale of some immovable property; qua the

interest amount; and qua the rent amount have also been

included in his gross income. Learned counsel further submitted

that the finding of the learned Tribunal whereby it has been held

that the driver/owner of the car was negligent qua the motorcycle

riders but was not negligent for the accident with the truck is

wholly untenable being contrary to the documentary evidence

available on record i.e. the F.I.R. and the charge-sheet.

Per contra, learned counsel for the claimants submits that

the computation of income as made by the learned Tribunal is

perfectly in consonance with law. Learned counsel relied upon the

judgment passed by the Hon'ble Apex Court in the case of

K. Ramya and Ors. vs. National Insurance Co. Ltd. and Ors.

reported in AIR 2022 SC 4802.

The ratio as laid down in K. Ramya's case (supra) makes it

clear that the entire amount earned as income from house

property or agricultural land cannot be computed to be a part of

the total income. The Hon'ble Apex Court has directed for

(6 of 7) [CMA-1601/2022]

computation of the individual's managerial skills between 10% to

15% of the total rental income.

In view of the above observations:

In S.B. Civil Misc. Appeal No.1601/2022

The operation and execution of award dated 09.05.2022 shall

remain stayed subject to the appellant-Insurance Company

depositing 40% of the compensation amount along with interest

before the learned Tribunal within a period of two months from

now. The amount already deposited shall be deducted from the

total amount to be deposited now. The amount so deposited shall

be disbursed to the claimants in terms of the award.

Stay petition is disposed of.

In S.B. Civil Misc. Appeal No.1607/2022 and In S.B. Civil Misc. Appeal No.1611/2022

The operation and execution of award dated 09.05.2022 shall

remain stayed subject to the appellant-Insurance Company

depositing 50% of the compensation amount along with interest

before the learned Court below within a period of two months

from now. The amount already deposited shall be deducted from

the total amount to be deposited now. The amount so deposited

shall be disbursed to the claimants in terms of the award.

Stay petitions are disposed of.

In S.B. Civil Misc. Appeal No.1531/2022, In S.B. Civil Misc. Appeal No.1532/2022 and In S.B. Civil Misc. Appeal No.1533/2022

Admit.

Issue notice. Notices need not be issued to both the

Insurance Companies as the same are represented by counsel.

(7 of 7) [CMA-1601/2022]

Service upon driver and owner of the truck is dispensed with at

the risk of appellants.

List all the appeals for hearing in due course.

(REKHA BORANA),J 9-14/T.Singh, Abhishek/-

Powered by TCPDF (www.tcpdf.org)