Smt. Devi And Ors vs Ramsen And Anr
2022 Latest Caselaw 2218 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Misc. Appeal No. 199/2014

1. Smt. Devi W/o Late Kallaram, aged 30 years

2. Urmila D/o Late Kallaram, age 6 years

3. Naresh S/o Late Kallaram, age 5 years

4. Bhuraram S/o Phusaram, age 61 years

5. Smt. Kaku Devi W/o Bhuraram, age 57 years (Appellants No.2 & 3 are minor through their natural guardian mother appellant No.1)/ All residents of Kadwad, Police Station Mandores, Jodhpur.

----Appellant/Claimants Versus

1. Ramsen S/o Shanker Lal, age 58 years, R/o Lordi Panditji-ki-

Dhani, Dangiyawas, District Jodhpur.

(Driver & owner of Truck No.RJ 07 G 1548)

2. EFFCO Tokyo General Insurance Co. Ltd., Divisional Manager, Divisional Office-04 A First Floor, 1-A Road, Jodhpur.

(Insurance Co. of Truck No.RJ 07 G 1548)

----Respondents/Non-claimants

For Appellant(s) : Mr.Ravi Panwar, Adv. through VC For Respondent(s) : Mr.Aditya Singhi & Mr.Vipul Solanki, Adv. through VC

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

08/02/2022

Instant misc. appeal has been filed by the appellants-

claimants against the judgment & award dated 07.12.2013 passed

by learned Judge, Motor Accident Claims Tribunal (First), Jodhpur

whereby the learned Tribunal partly allowed the claim of

the appellants-claimants and awarded a compensation of

(2 of 4) [CMA-199/2014]

Rs.9,93,000/- with interest at the rate of 8.5% per annum from

the date of filing of the claim petition.

While praying for enhancement, learned counsel for the

appellants submits that the learned Tribunal has erred in

considering the monthly income of the deceased as Rs.4,000/- per

month. The appellants-claimants categorically stated that the

deceased was working in the Iron Workshop and easily earned

Rs.30,000/- per month. Learned Tribunal has failed to consider the

future rise in income while awarding the future loss of income. It

is settled law that the future prospects of advancement in life and

career should also be sounded in terms of money to augment the

multiplicand. It is prayed that the amount of compensation

awarded by the Tribunal may be enhanced.

Per contra, learned counsel for the respondent-Insurance

Company while vehemently opposing the prayer of the appellants

has submitted that amount granted by the Tribunal is fair and just.

Therefore, no interference is required in the impugned judgment

and award.

Heard learned counsel for the appellants as well as learned

counsel for the respondents and perused the award impugned.

As per schedule-II of Motor Vehicle Act, considering the

minimum wages prevailing at the relevant time, the Tribunal has

rightly assessed the monthly income of the deceased as

Rs.4,000/-. However, having regard to the facts and

circumstances of the case, this Court is of the opinion that the

Tribunal has erred in awarding meager compensation for loss of

dependency and consortium as the deceased left behind him five

dependents, including his old father. Further, the tribunal has

awarded Rs.25,000/- only towards the funeral expenses and loss

(3 of 4) [CMA-199/2014]

of estate, which is liable to be enhanced in the facts and

circumstances of the case. Moreover, the future prospects are

required to be computed while considering the award in the

present case in the light the judgment of the Hon'ble Supreme

Court in Pranay Sethi (supra) and New India Insurance Company

Ltd. V/s Somwati and Ors. (2020) 9 SCC 644. Accordingly, the re-

computation of the award shall be as under :-

Income          : 4000 (per month)
Age             : 35 years
Future Loss     : 40%
Multiplier      : 16
Deduction       : 3/4

Calculation: 4000X12X16X140/100X3/4=8,06,400/-

Loss of consortium (5 dependents) : 40000 X 5 =2,00,000/-

Funeral Expenses & Loss of Estate=Rs.30,000

Total amount of compensation : Rs.10,36,400/- Amount awarded by the Tribunal : Rs.9,93,000/-

Enhanced amount : 10,36,400 - 9,93,000 =43,400/- Interest @ 8.5% from May 2010 : Rs.42,423/-

Total enhanced amount inclusive of interest =Rs.85,823/- (round off) : Rs.85,000/-

In view of the above, the amount of compensation awarded

by learned Tribunal is enhanced by Rs.85,000/- (Rs.10,36,400 -

Rs.9,93,000).

Accordingly, the civil misc. appeal is partly allowed. The

amount of Rs.85,000/- (Eighty Five Thousand rupees only) shall

be paid by the Insurance Company to the appellants-claimants, in

addition to the amount already awarded by the Tribunal vide order

(4 of 4) [CMA-199/2014]

dt. 07.12.2013, within a period of four weeks from today. If the

enhanced amount is not paid within the stipulated period, the

claimants-appellants shall be entitled to an interest @ 6% p.a on

the said amount. The amount so deposited by the Insurance

Company shall be deposited in the Saving Account of the

claimants, detail of which shall be furnished by the claimants

before the Tribunal.

(MANOJ KUMAR GARG),J 103-NK/-

Powered by TCPDF (www.tcpdf.org)