Rajasthan High Court - Jodhpur
Nainabai vs Lal Singh on 10 May, 2022
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Civil Misc. Appeal No. 447/2022
1. Smt. Nainabai W/o Late Shri Mohanbhai, aged about 48
years, B/c Prajapati,
2. Kanu S/o Late Shri Mohanbhai, aged about 21 years,
3. Rahul S/o Late Shri Mohanbhai, aged about 20 years,
All R/o Dhanera, District Banaskantha (Gujrat) Presently
R/o Santpur, Abu Road, District Sirohi.
----Appellants
Versus
1. Lal Singh S/o Kojraj Singh, B/c Rajput, R/o Tanu Tebniyar,
Tehsil Shiv, District Barmer.
2. Mool Singh S/o Fateh Singh, B/c Rajput, R/o Kalsingh Ka
Park, Juniyali Fatehgarh, District Jaisalmer.
3. United India Insurance Comapny Ltd. through its
Divisional Manager, Old Check Post, Near Manali Hotel,
Abu Road, District Sirohi
----Respondents
For Appellant(s) : Mr. Ravi Panwar
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Judgment
10/05/2022
The present civil misc. appeal under Section 173 of the Motor
Vehicles Act, 1988 has been preferred by the appellants-claimants
for enhancement of compensation against the Award dated
10.12.2021 passed by the Judge, Motor Accident Claims Tribunal,
Abu Road, District Sirohi in M.A.C. Case No. 212/2018 (C.I.S. No.
312/2018), whereby while allowing the claim petition, a sum of
Rs. 34,29,900/- was awarded in favour of the appellants-claimants
on account of death of the deceased Mohanbhai occurred on
16.04.2018 in the motor accident.
(2 of 3) [CMA-447/2022]
Heard learned counsel for the appellants on admission.
During arguments, learned counsel for the appellants
submitted that the tribunal did not consider income of the
deceased properly. As per oral evidence, deceased was earning
Rs.40,000/- per month by operating electronic and electric shop.
The claimants also filed income tax returns of the deceased. The
income of the deceased was assessed by the tribunal as
Rs.3,10,140/- per annum, which is on the lower side. His income
should be assessed @ Rs. 40,000 per month. Learned counsel
further submitted that compensation in the head of loss of
consortium and loss of love & affection was assessed as
Rs.70,000/- only, which is liable to be enhanced in terms of
judgment of the Hon'ble Apex Court in the case of New India
Insurance Company Ltd. V/s Somwati and Ors. reported in
(2020) 9 SCC 644.
Having heard learned counsel for the appellants and after
perusing the judgment impugned, it is not in dispute that income
of the deceased Mohanbhai was assessed on the basis of last
income tax return filed by the deceased for the Assessment Year
2017-18, in which annual income of the deceased was shown as
Rs.3,10,140/-, which was accepted by the tribunal as it is. There
is no ground to interfere with the conclusion of the tribunal
regarding assessment of income of the deceased based on cogent
evidence produced by the appellants themselves.
Regarding award of compensation in the head of loss of
consortium and loss of love & affection, the tribunal did not
commit any error in awarding the amount of Rs. 70,000/- in terms
of judgment of the Larger Bench of Hon'ble Apex Court in the case
(3 of 3) [CMA-447/2022]
of National Insurance Company Limited V/s Pranay Sethi &
ors. reported in 2017/ACJ/2700.
In view of the aforesaid discussion, there is no merit in this
appeal and same is hereby dismissed in limine.
(RAMESHWAR VYAS),J
24-Inder/-
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