Rajasthan High Court
Deep Singh Shekhawat vs Babulal Meena And Others on 10 March, 2022
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1779/2016
Deep Singh Shekhawat, S/o Shri Sawai Singh, Age- 60 years,
R/o-b-269, Janta Colony, Adarsh Nagar, Jaipur.
----Claimant-Appellant.
Versus
1. Babulal Meena, S/o Shri Lalchand, R/o P.S. Kukawaas,
Sanganer, Jaipur (Driver of Bus no. RJ-14-P-4960)
2. Immamuddin, S/o Haji Jumma, R/o Sunaron Ki Gali, Kagjiyon
Ka mohalla, distt- Sanganer, Jaipur. (Owner of the Bus).
3. United India Insurance Co. through Divisional Manager,
Divisional Office No.1, M.I. Road, Jaipur.
----Non-Claimants-Respondents
For Appellant(s) : None present.
For Respondent(s) : Ms. Chitra Goyal, Adv.
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
10/03/2022
No one has put in appearance on behalf of the claimant-
appellant.
This appeal has been preferred by the claimant-appellant
against the judgment and award dated 03.12.2015 passed by the
Court of learned Judge, Motor Accident Claims Tribunal and
Essential Commodities Act, Jaipur Metropolitan (hereinafter
referred to as 'the Tribunal') in Claim Petition
No.192/2015(347/2005), whereby an amount of Rs. 6,85,000/-
has been awarded to the claimant-appellant on account of death
of Smt. Santosh Chouhan in the accident which occurred on
24.01.2004.
(2 of 4) [CMA-1779/2016]
The Tribunal after framing the issues, evaluating the
evidence on record and hearing the counsel for both the parties,
decided the claim petition of the claimant-appellant awarding
compensation to the tune of Rs. 6,85,000/- under various heads
in favour of the claimant-appellant.
Perusal of the record indicates that the age of the deceased
(Smt. Santosh Chouhan) was 45 years at the time of accident.
The deceased was junior advocate working with senior advocate
Mr. P.C. Jain and she was getting remuneration of Rs. 5,000/- per
month. In support of the claim, the claimant-appellant examined
AW-3 P.C. Jain who appeared in the witness box and stated that
the deceased was getting Rs. 5,000/- per month as remuneration.
After considering the evidence available on record, the
Tribunal determined the income of the deceased as Rs. 5,000/-
per month. The record indicates that while passing the judgment,
the Tribunal has not awarded any amount towards future
prospects in the light of the judgment of the Hon'ble Supreme
Court delivered in the case of National Insurance Company
Ltd. Vs. Pranay Sethi and Ors: (2017) 16 SCC 680. The
order- sheets indicates that neither the claimant-appellant nor the
respondents were appearing since the last so many dates fixed by
this Court. Even the appeal was admitted in the absence of
counsel for both the parties and the case was posted for
arguments on 05.02.2022 and on that day also nobody appeared
on behalf of the parties and again the case was deferred for next
date and even today, no-one has put in appearance on behalf of
the claimant-appellant.
(3 of 4) [CMA-1779/2016]
I have considered the submissions made at the Bar and gone
through the judgment and award dated 03.12.2015 as well as the
other relevant records of the case.
Admittedly, the deceased was 45 years of age at the time of
the accident and on the basis of evidenced produced by the
claimant-appellant, the income of the deceased was correctly
determined as Rs. 5,000/- per month, but while passing the
impugned award, no amount towards future prospects was
awarded in the light of the judgment of Hon'ble Supreme Court
delivered in the case of Pranay Sethi (supra). Thus, the award is
re-computed as under:-
Monthly income Rs. 5000/-
Annual income Rs. 5000 x12 = Rs.60,000/- per annum
60,000x14 = 8,40,000/-
Deduction 1/3th 8,40,000 - 2,80,000 = 5,60,000/-
Add 25 per cent towards Rs. 5,60,000 + Rs. 1,40,000/-
future prospects = Rs. 7,00,000/-
Funeral Expenses 25,000/-
Loss of Consortium Rs. 1,00,000/-
Total compensation Rs. 7,00,000+25,000+1,00,000 =
awardable 8,25,000/-
Less amount awarded by the Rs. 8,25,000 - Rs.6,85,000/- =
Tribunal Rs.1,40,000 /-
Enhanced amount of Rs. 1,40,000/-
compensation
Thus, an amount of Rs. 1,40,000/- is enhanced in the
present case. The respondent-Insurance Company is directed to
pay the enhanced amount of Rs. 1,40,000/- in addition to the
amount already awarded by the Tribunal vide judgment and award
dated 03.12.2015 within a period of six weeks from today. The
(4 of 4) [CMA-1779/2016]
enhanced amount shall carry interest @ 6% per annum from the
date of filing of the claim petition till the actual payment is made.
The appeal is disposed of with the above terms.
Pending application(s), if any, also stand(s) disposed of.
Registry is directed to send back record of the case to the
concerned Tribunal forthwith.
(ANOOP KUMAR DHAND),J
PRAVESH/7
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