Rajasthan High Court

Smt Koyali Devi vs Ram Chandraand Ors ... on 3 October, 2023

Bench: Ashutosh Kumar

[2023:RJ-JP:26899]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 1939/2009

1. Smt Koyali Devi W/o Late Jaswant @ Jai Singh aged about 28
years
2. Kumari Pushpa D/o Late Jaswant @ Jai Singh, aged about 9
years, minor through her mother - appellant No.1.
3. Master Dilip S/o Late Jaswant @ Jai Singh, aged about 3.5
years, minor through his mother - appellant No.1
All R/o Village Umar Bawadi, Tehsil Bheem, presently residing at
Ganeshpura, Tehsil Beawar.
                                                       ----Claimants/Appellant
                                    Versus
1. Ram Chandra S/o Jagdish Prasad Sahu Kanwasi Teliyon Ka
Mohalla, Bichadali Mohalla, Beawar. (Driver and owner of the
Mini Bus No.RNZ-7313).
2. United India Insurance Company Ltd., through its Regional
Manager, Regional Office at Sahara Chambers, Tonk Road, Jaipur.
3. Kheem Singh S/o Ratan Singh, aged about 61 years, R/o
Village Umar Bawadi, Tehsil Bheem, presently residing at
Ganeshpura, Tehsil Bewar.
4. Smt. Ganga Devi W/o Kheem Singh, aged about 57 years, R/o
Village Umar Bawadi, Tehsil Bheem, presently residing at
Ganeshpura, Tehsil Beawar.
                                                                 ----Respondent

For Appellant(s) : Mr. Sanjay Singhal for Mr. J. P. Gupta For Respondent(s) : Mr. Raj Pal Choudhary

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

03/10/2023

1. The instant appeal has been filed by the appellants -

claimants under Section 173 of the Motor Vehicles Act, 1988

against the judgment and award dated 13.05.2005 passed by

[2023:RJ-JP:26899] (2 of 6) [CMA-1939/2009]

Judge, Motor Accident Claims Tribunal, Beawar, District Ajmer

(hereinafter referred to as the 'Tribunal') in MAC Case

No.94/2002, whereby the learned Tribunal awarded a sum of

Rs.3,51,000/- to the appellants-claimants (hereinafter referred to

as the 'claimants').

2. The claimants submitted a claim petition claiming

compensation of Rs.25,32,000/-. On the basis of pleadings of the

parties, the learned Tribunal framed the issues and evaluated the

evidence on record. After hearing learned counsel for the parties,

decided the claim petition of the claimants and passed the

impugned judgment and award. Hence, the present appeal.

3. Learned counsel for the claimants contended that the

learned Tribunal has erred in passing the impugned judgment in

awarding the amount of compensation on a lower side. Learned

Tribunal assessed the income of the deceased only Rs.2500/- per

month, whereas the deceased was a driver and used to earn

Rs.4000/- per month.

4. Learned counsel further contended that the learned Tribunal

has also erred in not awarding future prospects, as the deceased

was 32 years of age at time of accident and he was self employed

and, therefore, the claimants are entitled for 40% future

prospects.

5. Learned counsel argued that learned Tribunal has wrongly

deducted 1/3rd from the income of the deceased, as the appellant

Nos.1 to 5 are dependent upon deceased - Jaswant and,

[2023:RJ-JP:26899] (3 of 6) [CMA-1939/2009]

therefore, 1/5th ought to be deducted from the income of the

deceased.

6. Learned counsel further contended that the learned Tribunal

has erred in awarding interest @ 7% per annum. It is settled law

that interest on the compensation amount ought to have been

awarded at least @ 12% per annum.

7. On the other hand, learned counsel for the respondent -

Insurance Company has supported the impugned judgment and

award and contended that there is no merit in this appeal and the

same be dismissed.

8. Heard learned counsel for the parties and perused the

material available on record.

9. Learned Tribunal in the impugned judgment has observed

that no evidence was produced to prove that the deceased, by

doing the work of driver used to earn Rs.4000/- per month at the

time of accident. Therefore, learned Tribunal assessed the monthly

income of the deceased as Rs.2500/-.

10. In the opinion of this Court, the income of the deceased, as

alleged in the claim petition was not proved by the claimants. As

per the claimants, profession of the deceased at the time of

accident, was driving. The learned Tribunal has assessed the

income of the deceased as Rs.2500/- and the same has not been

rebutted thus, in my considered opinion the monthly income of the

deceased as calculated by the learned Tribunal requires no

interference.

[2023:RJ-JP:26899] (4 of 6) [CMA-1939/2009]

11. The learned Tribunal has not added any amount to the

income so determined by it under the head of future prospects.

The deceased has been held to be 32 years of age. Therefore,

increment of 40% as to the future prospects, as per the direction

given in the case of National Insurance Company Limited Vs.

Pranay Sethi & Ors. reported in (2017) 16 SCC 680 is also to

be made. Thus, total monthly income of the deceased comes out

to be Rs.2500 + 40% (Rs.1000/-) future prospects = Rs.3500/-

per month.

12. It is an admitted fact that the deceased is survived by his

wife, two children and mother. Therefore, 1/4th part from the

income of the deceased is to be deducted under the head of

personal expenses. The net income of the deceased comes out to

be Rs.3500 divided by 4 = Rs.875 and total Rs.3500 - Rs.875 =

Rs.2625/- per month.

13. The age of the deceased was 32 years at the time of

accident thus, as per judgment of Pranay Sethi (supra) the

multiplier of 17 is applicable in this case. Now, applying the

multiplier of 17, total amount quantified as the net income of the

deceased comes out to be Rs.2625 x 12 x 17 = Rs.5,35,500/-.

14. Learned Tribunal has awarded an amount of Rs.5,000/- to

the wife of deceased and Rs.4000/- to the children and mother of

the deceased under the head of consortium. As per the judgment

of the Hon'ble Apex Court in the case of Pranay Sethi (supra),

United India Insurance Company Ltd. Vs. Satinder Kaur @

Satvinder Kaur & Anr. reported in (2021) 11 SCC 780 and

[2023:RJ-JP:26899] (5 of 6) [CMA-1939/2009]

Magma General Insurance Co. Ltd Vs. Nanu Ram @ Chuhru

Ram & Ors reported in (2018) 18 SCC 130, the claimant-

appellant-wife of the deceased is entitled to get Rs.40,000/- under

the head of spousal consortium, appellant Nos.2 & 3, who are

children of the deceased, are entitled to get Rs.40,000/- each

under the head of parental consortium.

15. Learned Tribunal has awarded a sum of Rs.2,000/- for

funeral expenses, which needs to be enhanced to Rs.15,000/-.

Further, Rs.15,000/- is also required to be granted under the head

of loss of estate.

16. So, judgment and award of the Tribunal is modified to the

extent as under:



  1.          Loss of Annual Income (as                    Rs.2625 x 12 x 17 =
              per   the  age      of   the                 Rs.5,35,500/-.
              deceased, multiplier of 17).
  2.          Under the head of Spousal                    Rs.40,000/- each to the
              Consortium and Parental                      appellants
              Consortium                                   Total Rs.1,20,000/-
  3.          Funeral expenses                             Rs.15,000/-
  4.          Loss of estate                               Rs.15,000/-
  5.          Total     amount                   of        Rs.6,85,500/-
              compensation
  6.          Less amount awarded by                       Rs.3,51,000/-
              the Tribunal
  7.          Enhanced     amount                of        (Rs.6,85,500-
              compensation                                 Rs.3,51,000=
                                                           Rs.3,34,500/-

19. In view of the above, the impugned judgment and award

dated 13.05.2005 passed by the Tribunal is modified to the

aforesaid extent. The appellants are entitled to get a sum of

Rs.6,85,500/- as compensation. Insurance Company is directed to

deposit enhanced amount of compensation with the Tribunal

[2023:RJ-JP:26899] (6 of 6) [CMA-1939/2009]

within a period of two months from the date of receipt of certified

copy of this order. After deposition of the said amount, the learned

Tribunal is directed to disburse the same to the appellants in

terms of the award. The enhanced amount shall carry 8% interest

from the date of filing of claim petition till the actual payment is

made.