Smt Saroj And Ors vs Assisstant Er Avvnl And Ors
2023 Latest Caselaw 3495 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

               S.B. Civil First Appeal No. 508/2016

1.     Smt. Saroj W/o Late Shri Shambhudayal Alias Chetan
       Sharma By Caste Brahmin, Village And Post Savalpura
       Tanawaran,     Tehsil-      Neem        Ka     Thana,    District   Sikar,
       Rajasthan
2.     Kumari Priya D/o Late Shri Shambhudayal Alias Chetan
       Sharma By Caste Brahmin, Village And Post Savalpura
       Tanawaran,     Tehsil-      Neem        Ka     Thana,    District   Sikar,
       Rajasthan
3.     Kumari Antima D/o Late Shri Dhambhudayal Alias Chetan
       Sharma By Caste Brahmin, Village And Post Savalpura
       Tanawaran,     Tehsil-      Neem        Ka     Thana,    District   Sikar,
       Rajasthan
4.     Himanshu S/o Late Shri Shambhudayal Alias Chetan
       Sharma, By Caste Brahmin, Village And Post Savalpura
       Tanawaran,     Tehsil-      Neem        Ka     Thana,    District   Sikar,
       Rajasthan
5.     Nitesh S/o Late Shri Shambhudayal Alias Chetan Sharma
       By Caste Brahmin, Village And Post Savalpura Tanawaran,
       Tehsil- Neem Ka Thana, District Sikar, Rajasthan
6.     Smt. Kamli W/o Late Shri Surajmal Sharma By Caste
       Brahmin, Village And Post Savalpura Tanawaran, Tehsil-
       Neem Ka Thana, District Sikar, Rajasthan
                                                    ----Appellants/Claimants
                                   Versus
1.     Assistant Engineer, Ajmer Vidyut Vitran Nigam Ltd., Thoi,
       Tehsil, Neem Ka Thana, District Sikar, Rajasthan
2.     Chairman Cum Managing Director, Rajasthan Rajya Vidyut
       Vitran Nigam Ltd, Vidyut Bhavan, Jyoti Nagar, Jaipur
       Rajasthan
                                          ----Respondents/Non-Claimants

For Appellant(s) : Mr. Nitesh Rawat, Adv.

For Respondent(s) : Ms. Priya Rastogi, Adv. on behalf of Mr. Ankur Rastogi, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Judgment

DATE OF JUDGMENT 14/08/2023

Instant appeal has been preferred by the appellants-

claimants (for short 'the claimants') against the judgment and

award dated 24.08.2016 passed by Additional District Judge No.3,

Jaipur Metropolitan, Jaipur in Suit No.18/2014 by which the suit

filed by the claimants has been partly decreed and a sum of

Rs.6,27,120/- with interest @ 6% from the date of decree till

realization, has been awarded as compensation.

Learned counsel for the claimants submits that learned court

below has erred in considering the income of the deceased as

Rs.4930/- per month. Learned counsel for the claimants also

submits that deceased was not a labour but he was an

agriculturists and earning Rs.9,000/- per month. So, income of the

deceased be calculated as Rs.9,000/- per month. Learned counsel

for the claimants also submits that learned court below had erred

in deducting 1/3rd amount towards the personal expenses of the

deceased. Deceased had 6 dependents, so, 1/4th amount should

be deducted of the deceased's income towards the personal

expenses. Learned counsel for the claimants also submits that

learned court below had not awarded any amount towards the

future prospects. Deceased was 25 years of age at the time of

accident, so, 40% of the deceased's income should be awarded

towards future prospects. Learned counsel for the claimants also

submits that learned court below had not awarded any amount

under the head of loss of consortium and funeral expenses. So,

judgment of the learned court below be modified.

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Learned counsel for the claimants has placed reliance upon

the following judgments : (1) State of Rajasthan & Ors. Vs.

Guddi Bai & Ors. in S.B. Civil First Appeal No.393/2015

decided on 27.07.2022 and (2) Jodhpur Vidhyut Vitran

Nigam Ltd. & Ors. Vs. Sita Devi & Ors. in S.B. Civil First

Appeal No.231/2021 decided on 18.04.2022.

Learned counsel for the respondents-non-claimants (for

short 'the non-claimants') has opposed the arguments advanced

by learned counsel for the claimants and submitted that learned

court below rightly came to the conclusion that deceased's income

was Rs.4930/- per month because claimants failed to adduce

cogent evidence that deceased was earning Rs.9,000/- per month.

Learned counsel for the non-claimants also submitted that learned

court below rightly deducted 1/3rd amount towards the personal

expenses of the deceased's income. Learned counsel for the non-

claimants also submitted that deceased was not regular employee,

so, future prospects cannot be awarded to the claimants. So,

appeal be dismissed.

I have considered the arguments advanced by learned

counsel for the claimants as well as learned counsel for the non-

claimants.

It is an admitted position that the claimants failed to adduce

any cogent evidence that deceased was earning Rs.9,000/- per

month. So, in my considered opinion, learned court below rightly

assessed the income of the deceased as Rs.4930/- per month but

learned court below wrongly deducted 1/3rd amount towards

personal expenses of the deceased. Deceased had 6 dependents,

so, 1/4th amount should be deducted towards the personal

(4 of 5) [CFA-508/2016]

expenses of the deceased. Learned court below had not awarded

any amount towards the future prospects. As per the age of the

deceased i.e. 25 years, the claimants are entitled to get 40% of

the deceased's income towards future prospects. Learned court

below had not awarded any amount towards the loss of

consortium and love & affection and funeral expenses. So,

claimants are entitled to get Rs.40,000/- as loss of consortium

and love & affection in toto and Rs.15,000/- towards funeral

expenses. So, judgment and decree of learned court below is

modified to the extent as under:-

Monthly Income                        Rs.4930/-
Annual Income                         4930 X 12= 59,160/-

Since the deceased was 25 59160 X 18 = 10,64,880 years of age, multiplier of 18 should be applied 1/4 income to be deducted 10,64,880 X 1/4 =2,66,220/- for personal expenses of the (10,64,880-2,66,220= 7,98,660/-) deceased Add Future Prospects 7,98,660X40%=3,19,464/- Loss of Consortium and love Rs.40,000/-

& affection to claimants
Funeral expenses                      Rs.15,000/-
Total                                 Rs.11,73,124/-

Less amount awarded by the Rs.6,27,120/-

learned court below
Enhanced     amount               of Rs.11,73,124/- - Rs.6,27,120/- =
compensation                         Rs.5,46,004/-

In view of the above, the amount of compensation receivable

by the claimants comes to Rs.11,73,124/- instead of

Rs.6,27,120/-. Thus, the non-claimants are directed to deposit

enhanced amount of Rs.5,46,004/- (Rs.11,73,124/- -

Rs.6,27,120/-) with learned court below within a period of two

months from the date of receipt of certified copy of this order. On

(5 of 5) [CFA-508/2016]

deposition of the said amount, the claimants shall be entitled to

withdrawn the same. The enhanced amount shall carry 6%

interest from the date of decree till realization.

Other terms and conditions of the impugned judgment shall

remain unchanged.

Consequently, the appeal filed by the claimants is partly

allowed as indicated above. Impugned judgment is modified

accordingly.

Pending application(s), if any, stand(s) disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin /213

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