Rajasthan High Court
Kanaram Sharma And Another vs Rameshwar Dayal And Another on 29 July, 2022
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2099/2016
1. Kanaram Sharma son of Sh. Bheru Lal Sharma, aged 33 years
(father of the deceased)
2. Smt. Mamta Devi wife of Sh. Kanaram Sharma, aged 31 years
(mother of the deceased)
Both resident of Village Chandwaji, Tehsil Amer, District Jaipur.
----Appellants-claimants.
Versus
1. Rameshwar Dayal son of Sh. Chand Yadav, r/o Village
Bamanpura, Tehsil Kathumar, District Alwar, at present Driver
Rajasthan State Road Transport Corporation Alwar Depot-Driver
Roadways Bus No.RJ.32.PA.1387
2. Rajasthan State Road Transport Corporation Alwar through
General Manager Ower Roadways Bus No.RJ.32.PA.1387.
----Respondents/non-claimants
For Appellant(s) : Mr. Mahendra Sharma
For Respondent(s) : Mr. Virendra Agarwal
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Judgment
29/07/2022
Instant appeal has been preferred by the claimants-
appellants against the judgment and award dated 24.11.2015
passed by the Court of Motor Accident Claims Tribunal, Jaipur
District, Jaipur (hereinafter referred to as 'the Tribunal') in Claim
Case No.110/13 whereby an amount of Rs. 1,80,000/- has been
awarded as compensation on account of death of Vishal in the
accident, which occurred on 02.02.2013.
Learned Tribunal after framing the issues and evaluating the
evidence on record and after hearing counsel for the parties,
decided the claim petition of the claimants-appellants and
(2 of 3) [CMA-2099/2016]
awarded a lump sum compensation to the tune of Rs. 1,80,000/-
in favour of the claimants-appellants.
Learned counsel for the claimants-appellants submits that
the deceased Vishal was 6 years of age and without any basis, the
Tribunal has awarded compensation of Rs.1,80,000/- only. Counsel
further submits that the Hon'ble Apex Court in the case of Kishan
Gopal & Anr. Vs. Lala & Ors. reported in MACD 2013 (SC)
289 has granted compensation of Rs.5 lacs where the age of the
deceased was 10 years. Therefore, he prays that recomputation of
the award may be done in the light of the judgment of Hon'ble
Apex Court in the case of Kishan Gopal (supra).
Per contra, learned counsel for the respondent-Corporation
submitted that the Tribunal while deciding the claim petition has
correctly taken into consideration all the factors while calculating
the award in the present case on the anvil of evidence produced
before it. Thus, the judgment passed by the Tribunal does not call
for any interference by this Court. However, learned counsel is not
in a position to controvert the submissions made by counsel for
the appellants-claimants with respect to recomputation of award
in the present case in the light of the judgment of Hon'ble Apex
Court delivered in the case of Kishan Gopal (supra).
Heard.
Considered the arguments of counsel for the parties.
Admittedly, the deceased Vishal was 6 years of age at the
time of accident, and as per the judgment of Hon'ble Apex Court
delivered in the case of Kishan Gopal (supra), the appellants-
claimants are entitled to get Rs.5,00,000/- as compensation in the
present case.
(3 of 3) [CMA-2099/2016]
In view of the above, the appellants-claimants would be
entitled to get a further sum of Rs. 3,20,000/- (Rs. 1,80,000/-
already awarded by the Tribunal) from the respondent-
Corporation. Respondent-Corporation is directed to pay additional
amount of Rs. 3,20,000/- in addition to the amount already
awarded within a period of two months from the date of receipt of
certified copy of this judgment. The enhanced amount shall carry
interest @ 6% per annum from the date of filing of claim petition
till the actual payment is made.
Consequently, the appeal is disposed of in the above terms.
All pending applications, if any stand disposed of.
(ANOOP KUMAR DHAND),J
HEENA GANDHI /44
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