Smt. Nandu Wife Of Shri Rampal vs Nauratmal Sahu Son Of Shri Bhanwar ...
2022 Latest Caselaw 7853 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 3440/2022

1.     Smt. Nandu Wife Of Shri Rampal, Aged About 51 Years,
       Resident Of Agency Area, Ward No. 17 Deoli, Tehsil Deoli
       District Tonk (Raj.).
2.     Ramgopla Son Of Shri Jodha Alias Rughnath, Aged About
       56 Years, Resident Of Agency Area, Ward No. 17 Deoli,
       Tehsil Deoli District Tonk (Raj.).
                                                    ----Claimants-Appellants
                                   Versus
1.     Nauratmal Sahu Son Of Shri Bhanwar Lal Sahu, Resident
       Of Todaraisingh Tehsil Todaraisingh, District Tonk (Raj.)
       (Driver).
2.     Royal Sundaram Alliance Insurance Company Limited,
       Church Road, Sanjay Tower, Jaipur Through Senior
       Divisional Manager.
                                         ----Non-Claimaints-Respondents

For Appellant(s) : Mr. Vinay Mathur for Mr. Sandeep Mathur For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

15/12/2022

This civil misc. appeal has been filed by the claimants against

the award dated 29.07.2022 passed by the learned Motor

Accidents Claim Tribunal, Tonk in Claim Petition No.182/2011 (CIS

No.182/2011) whereby, while partly allowing the claim petition

filed by them, an award of Rs.7,45,000/- has been passed.

The relevant facts in brief are that Nisha, aged about 5

years, daughter of the appellants/claimants died in an unfortunate

road accident dated 16.02.2011. In the claim petition filed by

(2 of 3) [CMA-3440/2022]

them, a compensation of Rs.7,45,000/- with interest @ 7% per

annum has been awarded.

Assailing the award, learned counsel for the appellants

contended that the amount of compensation is on very low side.

He submits that the learned Tribunal erred in assessing the age of

the deceased as 5 years whereas, she was of 12 years of age. He,

therefore, prays that the appeal be allowed, the award dated

29.07.2022 be quashed and set aside qua the Issue No.3 and

claimants be awarded the amount of compensation as claimed in

the claim petition.

Heard. Considered.

While deciding the Issue No.3, the learned Tribunal has

assessed the age of the deceased as 5 years in view of the post-

mortem report as there was no other documentary evidence on

record to show her age. This Court finds no illegality or perversity

in this finding.

With regard to the amount of compensation, taking into

consideration the age of the deceased and precedential law laid

down by the Hon'ble Apex Court of India in case of Kishan Gopal

& Ors. Vs. Lala & Ors.: (2014) 1 SCC 244 and the judgment of

a co-ordinate Bench of this Court dated 05.02.2022 in S.B. Civil

Misc. Appeal No.4358/2017: Manoj Kumar & Anr. Vs.

Deendayal & Ors., the learned Tribunal has awarded a sum of

Rs.6,75,000/- applying the multiplier of 15 years and assessing

notional annual income of the deceased as Rs.45,000/-. Amount

under conventional heads has been awarded as per the judgments

of the Hon'ble Apex Court of India in case of National Insurance

Company Limited Vs. Pranay Sethi & Ors.: (2017) 16 SCC

(3 of 3) [CMA-3440/2022]

680 and Magma General Insurance Co. Ltd. Vs. Nanu Ram &

Ors.: (2018) 18 SCC 130.

In view thereof, this Court is satisfied that just and proper

compensation has been awarded to the appellants-claimants on

account of death of their minor daughter which does not warrant

any interference by this Court.

This civil misc. appeal is dismissed accordingly being devoid

of merit.

(MAHENDAR KUMAR GOYAL),J

Sudha/126

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