Rajasthan High Court - Jodhpur
Hdfc Ergo General Ins. Co. Ltd vs Smt. Meero And Ors. ... on 9 February, 2023
Bench: Yogendra Kumar Purohit
[2023/RJJD/004679]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1092/2016
HDFC ERGO General Ins. Co. Ltd. Subhash Marg, 'C' Scheme,
Jaipur. Jodhpur Office at N.K. Tower, Chopasni Road, Jodhpur
through its Authorized Representative.
----Appellant
Versus
1. Smt. Meero W/o Moola Ram Jat R/o Village Meghwalo ka Tala
(Sanawara), Tehsil & District Barmer.
2. Chimna Ram S/o Shri Kehna Ram jat, R/o of Village Deora,
Tehsil SAnchore, District Jalore (Driver).
3. Jawan Singh S/o Shri Vachan Singh Rajput, R/s near Bus
Stand, Bagora Road, Raniwara, District Jalore.(Owner)
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 1091/2016
HDFC ERGO General Ins. Co. Ltd. Subhash Marg, 'C' Scheme,
Jaipur. Jodhpur Office at N.K. Tower, Chopasni Road, Jodhpur
through its Authorized Representative.
----Appellant
Versus
1. Kheraj Ram S/o Shri Umar Ram.
2. Smt. Dami W/o Shri Kheraj Ram.
3. Smt. Dhapu Devi W/o Shri Ujma Ram.
All b/c Jat, R/o Village Kharthasar-Nadi (Ramderiya), Tehsil &
District Barmer.
4. Chimna Ram S/o Shri Kehna Ram jat, R/o of Village Deora,
Tehsil SAnchore, District Jalore (Driver).
5. Jawan Singh S/o Shri Vachan Singh Rajput, R/s near Bus
Stand, Bagora Road, Raniwara, District Jalore.(Owner)
----Respondents
For Appellant(s) : Mr. Jagdish Vyas
For Respondent(s) : Mr. Siddharth Karwasara
Mr. Pawan Bhati for
Mr. IR Choudhary
Mr. ML Khatri
[2023/RJJD/004679] (2 of 4) [CMA-1092/2016]
HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT
Order
09/02/2023
Heard learned counsel for the parties.
The present appeals have been filed by the appellant against
the award dated 18.11.2015 passed by learned Motor Accident
Claims Tribunal, Barmer in Motor Accident Claim Case No.
740/2015(619/14) & 345/2015 respectively.
Learned counsel for the appellant has relied upon the
judgment of the Hon'ble Supreme Court in National Insurance
Company Ltd. Vs. Pranay Sethi & Ors. (Special Leave
Petition (Civil) No.25590/2014) decided on 31.10.2017,
wherein it is held in para 61 (iv) that if the deceased was self-
employed or on a fixed salary, an addition of 40% of the
established income should be the warrant, where the deceased
was below the age of 40 years. Learned counsel further submits
that in the impugned order dated 18.11.2015 passed by Motor
Accidents Claims Tribunal, Barmer, it was ordered that since, the
deceased is of aged of 24 years, therefore, an addition of 50% of
the amount of the established income should be warranted. The
awarded amount towards the future prospects in the impugned
order dated 18.11.2015 is more than to the amount as per the
judgment of Hon'ble Supreme Court in case of NIC Ltd. Vs. Pranay
Shethi & Ors.(Supra). Therefore, it is prayed that addition of 40%
of the amount of the established income towards the future
prospects may be warranted.
Learned counsel for the respondents is not in a position to
dispute the fact that the computation in the present case is
[2023/RJJD/004679] (3 of 4) [CMA-1092/2016]
required to be done in the light of the judgment of Hon'ble the
Supreme Court in the case of Pranay Sethi (supra).
Both the learned counsels have submitted a joint re-
computation of the amount of compensation in the present
appeals which is as under:-
S.B. Civil Misc. Appeal No. 1092/2016:-
The age of deceased - Laxmanram @ Lachharam was 24
years.
Monthly Income - 4342.00
Add 40% for F.P. - 1737.00
(round off)
---------------------------------
Total - Rs.6079.00/-
Deduction of 50% towards personal expenses :-
6079÷2= 3040.00
multiplier of 18 will be
applied (3040×12×18) = 6,56,640/-
other heads as awarded = 40,000/-
by the tribunal (15,000+25,000)
-----------------------
Total = 6,96,640/-
Award Reduced from 7,43,403/- to 6,96,640/-
S.B. Civil Misc. Appeal No. 1091/2016:-
The age of deceased - Roopa Ram was 24 years.
Monthly Income - 8000.00
Add 40% for F.P. - 3200.00
---------------------------------
Total - Rs.11200.00/-
[2023/RJJD/004679] (4 of 4) [CMA-1092/2016]
Deduction of 50% towards personal expenses :-
11200÷2= 5600.00
multiplier of 18 will be
applied (5600×12×18) = 12,09,600/-
other heads as awarded = 70,000/-
by the tribunal
(45,000+25,000=70000)
-----------------------
Total = 12,79,600/-
Award reduced from 13,66,000/- to 12,79,600/-
In these circumstances, the present appeals are partly
allowed in the following terms:
S.B. Civil Misc. Appeal No. 1092/2016:-
The appellant is directed to pay the reduced amount of
Rs.6,96,640/- (Rs. Six Lac Ninety Six Thousand Six Hundred Forty
Only) to the claimant/s. The reduced amount shall carry an
interest @ 9% per annum from the date of filing of the claim
petition, till the same is paid.
S.B. Civil Misc. Appeal No. 1091/2016:-
The appellant is directed to pay the reduced amount of
Rs.12,79,600/- (Rs. Twelve Lac Seventy Nine Thousand Six
Hundred Only) to the claimants. The reduced amount shall carry
an interest @ 9% per annum from the date of filing of the claim
petition, till the same is paid.
The award passed by the learned Tribunal is modified
accordingly.
(YOGENDRA KUMAR PUROHIT),J
57-58-nitin/-
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