Rajasthan High Court
Ram Pal And Another vs Ram Prasad And Others ... on 24 August, 2023
Bench: Ashutosh Kumar
[2023:RJ-JP:24319]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1114/2015
1. Rampal S/o Sua Lal, By Caste Khati, R/o Village Ramgarh,
Tehsil And Thana Masuda, District Ajmer
2. Kamla W/o Rampal, By Caste Khati, R/o Village Ramgarh,
Tehsil And Thana Masuda, District Ajmer
----Appellants
Versus
1. Ram Prasad S/o Ram Ratan, By Caste Nat, R/o Bus Stand
Ramgarh, Tehsil And Thana Masuda, District Ajmer Driver
2. Shiv Charan S/o Mahaveer Prasad, By Caste Vaishnav,
R/o Village Ramgarh, Tehsil And Thana Masuda, District
Ajmer Owner
3. United India Insurance Company Limited, Division Office
At Ajmer Road, Beawar Having Its Regional Office At
Vishal Chambers, Tonk Road, Jaipur Through Its Regional
Manager Insurance Company
----Respondents
For Appellant(s) : Mr. Vinay Mathur
For Respondent(s) : Ms. Archana Mantri
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
24/08/2023
1. The present civil misc. appeal has been filed by the
appellants-claimants under Section 173 of the Motor Vehicles Act,
1988 (for short 'the Act of 1988') against the judgment and award
dated 03.02.2015 passed by the Judge, Motor Accident Claims
Tribunal, Beawar (for short 'the Tribunal') in MACT Case
No.448/2014 whereby an amount of Rs.2,50,000/- has been
awarded as compensation to the appellants-claimants.
[2023:RJ-JP:24319] (2 of 5) [CMA-1114/2015]
2. The appellants-claimants submitted a claim petition claiming
compensation of Rs.18,30,000/-.
3. Learned Tribunal after framing the issues, evaluating the
evidence available on the record and after hearing the counsel for
the parties, decided the claim petition of the claimant-appellant
awarding compensation to the tune of Rs.2,50,000/- under
various heads in favour of the appellants-claimants.
4. Learned counsel for the appellants submits that the
deceased - Mukesh was a healthy boy of 15 years of age at the
time of accident but the learned Tribunal has awarded a meager
compensation of Rs.2,50,000/- only.
5. Learned counsel for the appellant submits that the Hon'ble
Apex Court in the case of Kishan Gopal & Anr. Vs. Lala & Ors,
reported in 2013 ACJ 2594 has awarded compensation of
Rs.4,50,000/- plus Rs.50,000/- in the conventional heads thus a
total sum of Rs.5,00,000/- in the matter of a child death in road
accident.
6. Learned counsel for the appellants, therefore, prays that
re-computation of the award in the present case may be done in
the light of judgment of the Hon'ble Apex Court in the case of
Kishan Gopal (supra).
7. Per contra, learned counsel for the respondent - Insurance
Company submits that the Tribunal while deciding the claim
petition of the claimants-appellants has correctly taken into
consideration the factors while calculating the award in this case
on the basis of evidence produced before it.
8. Learned counsel for the respondent further submits that the
driver of the offending vehicle was only authorised to ply the
[2023:RJ-JP:24319] (3 of 5) [CMA-1114/2015]
vehicle of LMV and the offending vehicle was categorised under
'passenger carrying' which is totally different so also the offending
vehicle was overloaded and thus, the judgment and award dated
03.02.2015 does not call for any interference by this Court.
9. I have considered the submissions made by the learned
counsel for the parties and gone through the judgment and award
dated 03.02.2015 as well as the material available on the record.
10. The Hon'ble Apex Court in the case of Kishan Gopal (supra)
has held that in the case of minor, while applying the multiplier of
15, the notional income could be taken as Rs.30,000/- instead of
Rs.15,000/- for non- earning member as specified in the Schedule
to the aforesaid Act. Relevant para of the aforesaid judgment
reads thus :
"In our considered view, the aforesaid legal principle
laid down in Lata Wadhwa's case with all fours is
applicable to the facts and circumstances of the case
in hand having regard to the fact that the deceased
was 10 years' old, who was assisting the appellants
in their agricultural occupation which is an
undisputed fact. We have also considered the fact
that the rupee value has come down drastically from
the year 1994, when the notional income of the non-
earning member prior to the date of accident was
fixed at Rs.15,000/-. Further, the deceased boy, had
he been alive would have certainly contributed
substantially to the family of the appellants by
working hard. In view of the aforesaid reasons, it
would be just and reasonable for us to take his
notional income at Rs.30,000/- and further taking
the young age of the parents, namely the mother
who was about 36 years old, at the time of accident,
[2023:RJ-JP:24319] (4 of 5) [CMA-1114/2015]
by applying the legal principles laid down in the case
of Sarla Verma v. Delhi Transport Corporation[3], the
multiplier of 15 can be applied to the multiplicand.
Thus, 30,000 x 15 = 4,50,000 and 50,000/- under
conventional heads towards loss of love and
affection, funeral expenses, last rites as held in
Kerala SRTC v. Susamma Thomas[4], which is
referred to in Lata Wadhwa's case and the said
amount under the conventional heads is awarded
even in relation to the death of children between 10
to 15 years old. In this case also we award
Rs.50,000/- under conventional heads. In our view,
for the aforesaid reasons the said amount would be
fair, just and reasonable compensation to be
awarded in favour of the appellants."
11. Now, applying the abovesaid principles with the case in our
hand, in this case also, at the time of accident, the age of the
deceased is 15 years. It is true, the deceased, had he been alive,
would have very helpful to his parents in their elderly life as well
as in the occupation. Further, he would have certainly contributed
substantially to the parents by working hard. Hence, it is
appropriate to fix Rs.30,000/- as notional income for this case
also.
12. Accordingly, the compensation fixed by learned Tribunal is
enhanced as follows:
On Pecuniary Head : Rs.4,50,000/-
Conventional Heads : Rs. 50,000/-
Total : Rs.5,00,000/-
13. In view of the discussions aforesaid, the impugned judgment
and award dated 03.02.2015 passed by the Tribunal is modified to
the aforesaid extent. The claimants-appellants are entitled to get
[2023:RJ-JP:24319] (5 of 5) [CMA-1114/2015]
a sum of Rs.5,00,000/- as compensation. Insurance Company is
directed to deposit enhanced amount of compensation with the
Tribunal within a period of two months from the date of receipt of
certified copy of this order. On deposition of the said amount, the
same may be disbursed to the appellant. The enhanced amount
shall carry 8% interest from the date of filing of claim petition till
the actual payment is made.
14. The other terms and conditions of the impugned judgment
and award shall remain the same.
15. Consequently, the appeal is partly allowed.
16. Pending application(s), if any, also stand(s) disposed of.
(ASHUTOSH KUMAR),J
A. ARORA /-20.
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