Anita Devi And Ors vs Asha Ram And Ors
2022 Latest Caselaw 7315 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 802/2013

1. Anita Devi W/o Ram Chandra Dhanak, aged 35 years

2. Sandeep S/o Ram Chandra Dhanak, aged 17 years

3. Rekha D/o Ramchandra Dhanak, aged 15 years

4. Anju D/o Ramchandra Dhanak, aged 13 years

5. Kajal D/o Ramchandra Dhanak, aged 11 years

6. Rahul S/o Ramchandra Dhanak, aged 9 years

7. Prema Bai W/o Malaram (Died), Appellant No. 2 to 6 are minors through their natural guardian and mother Smt. Anita Devi wife of Ramchandra Dhanak.

All R/o 4JSD, Ward No. 13, Jaitsar, Tehsil Shribijay Nagar, District- Sri Ganganagar

----Appellants Versus

1. Asha Ram Gurgar S/o Heera Gurjar, Resident Of Near Mandir, Gopalpura Tehsil- Sarwad, Distirct- Ajmer

2. Badri Lal Gurjar S/o Heera Lal Gurjar, Resident Of Gopalpura Via Kekari, Tehsil- Sarwad, District- Ajmer

3. Oriental Insurance Company Limited, Regional Office At Anand Bhawan, Sansar Chandra Road, Jaipur Through Its Regional Manager Insurance Company

----Respondents

For Appellant(s) : Mr. Sikandar Khan For Respondent(s) : Mr. Mukul Singhvi

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

17/05/2022

The instant appeal under Section 173 of Motor Vehicles

Act for enhancement of quantum of compensation has been filed

by the claimants against the judgment / award dated 27.6.2012

(2 of 4) [CMA-802/2013]

passed by the Motor Accident Claims Tribunal, Anoopgarh, District

Sriganganagar in MAC Case No. 98/2008, whereby learned

Tribunal awarded a sum of Rs.5,37,000/- as compensation with

interest @ 6% per annum.

Brief facts of the case are as under:-

In a road accident which occurred on 26.8.2008,

Ramchandra with one another person died. Claimants who are

wife, minor children and mother filed the claim petition under

Section 166 of Motor Vehicles Act with the averments that

deceased was working as Helper in M/s. Manish Kumar Agarwal at

Jaitsar and was earning Rs.5,000/- per month. At the time of

accident he was 33 years old.

Heard the learned counsel for the parties and perused

material available on record.

Learned counsel for the appellants submits that the

learned Tribunal while awarding compensation did not consider the

future prospects of the deceased. As per principles laid down in

the case of National Insurance Company vs. Pranay Sethi &

Ors. : AIR 19 2017 SC 5157, 40% of the income should have

been added to the income of the deceased while calculating the

loss of income. Learned counsel for the appellants further submits

that looking to the number of claimants, only 1/5 of the income

could be deducted towards personal expenses of the deceased,

whereas, learned Tribunal has deducted 1/3 amount in this regard,

which is not correct. Learned counsel further submits that the

learned Tribunal has erred in not relying upon the income

certificate (Exhibit-15) produced by the claimants. He also submits

that no amount has been awarded in the head of loss of love and

affection. Only Rs.3,000/- has been awarded for funeral expenses.

(3 of 4) [CMA-802/2013]

Learned counsel prays to enhance the quantum of compensation

appropriately as per the principles laid down by the Hon'ble

Supreme Court in the case of Pranay Sethi (Supra).

Learned counsel for the respondent submits that the

appellants have not proved the income certificate as mentioned in

Exhibit-15. Learned counsel submits that the amount of

compensation awarded by the learned Tribunal is just and fair.

Having regard to the rival contentions of learned

counsel for the parties and after perusing the material available on

record, this Court is of the opinion that since the income certificate

(Exhibit-15) has not been proved by producing the employer or his

authorized agent, the learned Tribunal did not commit any error in

not relying upon the income certificate. The accident took place on

26.8.2008, hence, the income of Rs.3,000/- based on minimum

wages for skilled labour at that relevant time, assessed by the

learned Tribunal is just and fair. However, learned Tribunal failed to

add 40% of income towards future prospects, which ought to have

been added. Since the claimants are six in numbers, hence, only

¼th of the income should have been deducted in the head of

personal expenses of the deceased. Learned Tribunal was also

under obligation to award sufficient amount in the head of loss of

estate, loss of consortium and funeral expenses.

As per judgment by the Hon'ble Apex Court in the

matter of Pranay Sethi (supra), the claimants are entitled to get

Rs.70,000/- in the conventional head, which includes, loss of

estate, loss of love & affection and funeral expenses subject to

increase of 10% of the sum after every three years as per the

principles enunciated in the above case by the Hon'ble Apex Court.

(4 of 4) [CMA-802/2013]

In view of above circumstances, the claimants are

entitled to get compensation in the following terms:-

                                   Annual Income                                                    Rs.    36,000/-
                                   After adding 40% towards future                                    Rs.     50,400/-
                                   prospect (Rs.36000/- + Rs.
                                   14,400/-)
                                   Less 1/4th towards personal                                        Rs.     37,800/-
                                   expenses

                                   Loss of dependency (37800 x 16)                                    Rs. 6,04,800/-
                                   Add under conventional expenses                                    Rs.     98,000/-
                                   (70,000 + 10%) after every three
                                   years
                                   Total compensation awardable                                       Rs. 7,02,800/-
                                   Amount awarded by the Tribunal                                     Rs. 5,37,000/-

Consequently, the appeal is allowed. The award dated

27.6.2012 is modified to the extent that claimants would be

entitled to a compensation of Rs. 7,02,800/- instead of Rs.

5,37,000/- as awarded by the Tribunal. On the enhanced amount

of compensation i.e. (7,02,800/- - 5,37,000/-) Rs. 1,65,800/-, the

claimants would be entitled to get interest @ 6% per annum from

the date of claim petition till the date of actual payment. After

adjusting the amount of compensation already paid to the

appellant, the outstanding amount of compensation shall be

deposited by the non-claimants with the Tribunal within a period of

one month from the date of receipt of certified copy of this order.

Amount so deposited, shall be disbursed to the claimants in terms

of the order passed by the Tribunal.

(RAMESHWAR VYAS),J 69-Mak/-

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