Smt. Prakash Kanwar And Ors vs Ramesh Kumar And Anr
2023 Latest Caselaw 9007 Raj

[2023:RJ-JD:37245]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 516/2018

1. Smt. Prakash Kanwar W/o Late Pratap Singh Deora,

2. Payal Kanwar D/o Late Pratap Singh Deora,

3. Dipendra Singh S/o Late Pratap Singh Deora,

4. Bhanwar Singh Deora S/o Shri Sohan Singh Deora,

5. Smt. Kailash Kanwar W/o Shri Bhanwar Singh Deora, Appellants No. To 3 Are Minor Through Their Natural Guardian Mother Smt. Prakash Kanwar Appellant No. 1. , Resident Of Village - Kivarli, Tehsil- Aburoad, District - Sirohi Rajasthan.

----Appellants Versus

1. Ramesh Kumar S/o Shri Nathu Ji, Resident Of Village -

Kivarli, Tehsil - Aburoad, District - Sirohi Rajasthan. - Driver And Owner Of Mahindramax No. Rj-24-Ta-1352

2. United India Insurance Company Ltd. Through Divisional Manager, Near L.i.c. Building, Mandiya Road Pali Raj.. Insurer Of Mahindramax No. Rj-24-Ta-1352

----Respondents

For Appellant(s) : Mr. Bharat Singh For Respondent(s) : Mr. NK Joshi

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

DATE OF JUDGMENT 02/11/2023

The instant civil miscellaneous appeal under Section

173, Motor Vehicles Act is directed against the judgment and

award dated 17.11.2017 passed by the learned Motor Accident

Claims Tribunal, Abu Road, District Sirohi (hereinafter referred to

as the learned Tribunal) in Claim Case no. 109/2014 whereby the

claim application filed by the claimants-appellants under Section

[2023:RJ-JD:37245] (2 of 4) [CMA-516/2018]

166, 140 of the Motor Vehicles Act (for short hereinafter called;

"MV Act") was allowed in part and they were granted

compensation to the tune of Rs. 10,62,720/- with interest @ 6%

per annum.

2. Learned counsel for the appellants-claimants submits that

while deciding the quantum of compensation, learned Tribunal has

erred in assessing the income of the deceased and has also not

applied proper multiplier. It is further submitted that the evidence

with respect to income and age of the deceased were duly proved,

but the learned Tribunal did not pass the impugned award in

accordance with the material available on record. Further, learned

Tribunal has not awarded any amount under the heads of filial and

parental consortium. In support of his contentions, learned

counsel relied upon the judgment of the Hon'ble Supreme Court

delivered in United India Insurance Company Limited v. Satinder

Kaur @ Satwinder Kaur & Ors., Civil Appeal No. 2705 of 2020,

decided on 30 June 2020. Lastly, it was prayed that the impugned

judgment and award may be modified and compensation may be

enhanced as prayed.

3. Learned counsel for the respondent-Insurance Company

submits that the judgment and award passed by the learned

Tribunal is well reasoned and calls for no interference.

4. Heard learned counsel for the parties and perused the

material available on record.

[2023:RJ-JD:37245] (3 of 4) [CMA-516/2018]

5. I have gone through the judgment of learned Tribunal. The

Tribunal has assessed the monthly income of deceased as Rs.

4914/- and has rightly decided the compensation in accordance

with the age and income of the deceased. The Tribunal has

awarded Rs. 40,000/- as compensation for loss of spousal

consortium.

6. One of the relevant principles for assessment of

compensation in cases of death due to motor accident is the

number of dependents left behind by the deceased. The

dependents left behind by the deceased in the present case are-

his wife, two minor children and parents. Under the head of loss of

consortium, compensation for only loss of spousal consortium is

awarded. However, as per the law laid down by the Hon'ble Apex

Court, loss of consortium is given a wider meaning so as to

include parental and filial consortium also.

7. Thus, I deem it proper to enhance the amount of

compensation. The enhanced amount of compensation is as

represented in the tabular form below:

Total Compensation awarded by the learned Rs. 10,62,720/- Tribunal (A) Loss of Parental Consortium to each of Rs.80,000/-

     2 children (B)                                            (Rs. 40,000 x 2)
     Loss of Filial      Consortium        to     each         Rs. 80,000/-
     parent (C)                                                (Rs. 40,000 x 2)
     Total Compensation (D=A+B+C)                              Rs. 12,22,720/-
     Enhanced Compensation (E=D-A)                             Rs. 1,60,000/-





                                    [2023:RJ-JD:37245]                   (4 of 4)                    [CMA-516/2018]

8. Consequently, the present appeal is partly allowed. The

impugned judgment and award dated 17.11.2017 passed by the

learned Tribunal is modified and the appellants claimants are held

entitled to further enhanced compensation of Rs. 1,60,000/- with

interest at 6% from the date of filing of claim petition.

9. All the interlocutory applications, as well as the stay

application, if any stand disposed of accordingly.

10. No order as to costs.

(MADAN GOPAL VYAS),J 116-CPG/-

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