Rajasthan High Court
Maloo Singh vs Shri Munnalal And Ors on 25 February, 2022
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 6229/2016
Maloo Singh S/o Shri Chotu Singh, aged about 45 years, R/o
Near Karnimata Mandir, Bajrang Colony, Manmohan Nagar,
Ramner Road, Police Station Madanganj, Kishangarh, Distt.
Ajmer
----Appellant/Claimant
Versus
1. Shri Munnalal S/o Shri Dullaram, R/o Chandi Wali Kothi,
Paliwal Park, Vijay Nagar Uttar Pradesh
(Driver of Truck No.RJ14-2G-9274)
2. Shri Rambabu Agarwal S/o Shri Nemichand Agarwal, R/o
B 75, Indra Puri, Dayal Bagh, New Agra Uttar Pradesh
(At The Time Of Accident Owner Of Truck No. RJ14-2G-
9274, through power of attorney)
3. Smt. Archna Agarwal W/o Shri Rambabu Agarwal, Driver
Of Truck No. RJ 14-2G-9274, R/o B 75, Indra Puri, Dayal
Bagh, New Agra Uttar Pradesh
4. Oriental Insurance Co. Ltd. Divisional Manager, Insurance
Co. Of Truck No. Rj 14-2G-9274, Divisional Office, Ajmer
----Respondents
For Appellant(s) : Mr. Rahul Agarwal, Adv.
For Respondent(s) : Mr. Satish Kumar Khandal, Adv.
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Judgment
25/02/2022
This instant appeal has been filed by the claimant-appellant
against the judgment and award dated 16.08.2016 passed by the
Motor Accident Claims Tribunal (hereinafter referred to as 'the
Tribunal'), Kishangarh, District Ajmer in claim case no 133/2011,
whereby the amount of Rs. 4,62,852/- has been awarded as
compensation on account of injuries sustained by the claimant-
appellant in an accident occurred on 06.10.2010.
(2 of 4) [CMA-6229/2016]
Learned Tribunal after framing the issues, evaluating the
evidence available on record and hearing the counsel for the
parties, decided the claim petition filed by the claimant-appellant
awarding the compensation of Rs.4,62,852/- under various heads
in favour of the claimant-appellant.
Learned counsel for the claimant-appellant submitted that
the claimant-appellant has suffered 54.44% permanent disability
and his both testicles were removed because of the injuries
sustained by him in the accident which was occurred on
06.10.2010. He next submitted that because of the aforesaid
injuries, the claimant-appellant has been deprived from enjoying
the marital life and not a single penny has been awarded towards
the head of loss of future amenities. He further submitted that no
amount towards future prospects has been awarded in the light of
the judgment delivered by the Hon'bel Supreme Court in the case
of National Insurance Company Vs. Pranay Sethi and Ors. :
reported in (2017) 16 SCC 680 and in support of his
contention, counsel for the claimant-appellant has also placed
reliance upon the judgment of this Court passed in S.B. Civil Misc.
Appeal No.4615/2017 in "Leelaram Vs. Deshraj & Ors."
decided on 09.12.2021. He, therefore, prays that re-
computation of the award in the present case may be done in the
light of the judgment of Hon'ble Supreme Court in the case of
Pranay Sethi (supra) and the judgment of this Court in the case
of Leelaram (supra)
Per contra, learned counsel for respondent-Insurance
Company submitted that the Tribunal while deciding the claim
petition of the claimant-appellant has correctly taken into
consideration the factors while calculating the award in this case
(3 of 4) [CMA-6229/2016]
on the evil of the evidence produced before the Tribunal. Thus, the
judgment and award dated 16.08.2016 does not call for any
interference by this Court.
Learned counsel for the respondents, however, is not in a
position to controvert the submissions made by the learned
counsel for the claimant-appellant with respect to re-computation
of the award in the present case in the light of the judgment of
the Hon'ble Supreme Court in the case of Pranay Sethi (supra)
and in the light of judgment passed by this Court in the case of
Leelaram (supra).
I have heard and considered the submissions made at bar
and gone through the judgment dated 16.08.2016 as well as the
material available on record.
Admittedly, the injured-claimant-appellant was 41 years of
age at the time of the accident and his both testicles were
removed in the accident, but the Tribunal has not considered the
fact that the claimant-appellant has been deprived from enjoying
the benefit of marital life and not a single penny has been
awarded to him under heads of loss of future amenities. Further,
the amount is required to be added towards future prospects in
the light of the judgment of the Hon'ble Supreme Court in the
case of Pranay Sethi (supra). Thus, the award is re-computed as
under:-
Monthly income Rs. 3,510/- (minimum wages)+ (40%
future prospect)=4914/- Pm
Loss of income as per PD Rs. 2675.18 X 12= Rs.32,102.17/-Pa
Multiplier to be applied 32,102.17 X 15 = Rs.4,81,532.68/-
Enhanced amount in head of Rs. 4,81,532.68- 3,43,952 =
loss of income 1,37,580.68/-
Loss of future amenities & Rs.3,00000/-
marital life
(4 of 4) [CMA-6229/2016]
Thus, the amount of Rs.4,37,581/- enhanced in this case.
The respondent-Insurance Company is directed to pay the
enhanced amount of Rs.4,37,581/- in addition to the amount
awarded by the Tribunal vide judgment dated 16.08.2016 within a
period of six months from today. The enhanced amount would
carry interest @ 6% from the date of filing of the claim-petition to
the actual payment is made. The Tribunal is further directed to
disburse the amount of Rs.1,50,000/- in the savings bank account
of the claimant-appellant and rest of the amount be deposited in
the fixed deposit in any nationalised bank initially for a period of
three years and the interest accrued be disbursed to the claimant-
appellant on monthly basis.
Appeal is disposed off with the above terms.
All pending applications, if any, also stands disposed of.
(ANOOP KUMAR DHAND),J
PRAVESH/8
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