Rajasthan High Court

Smt Sunita Devi And Ors vs Babu Lal And Ors ... on 4 October, 2023

Bench: Ashutosh Kumar

[2023:RJ-JP:26515]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 3793/2017

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For Appellant(s)         :     Mr.Bhanu Prakash
For Respondent(s)        :     Mr.Ram Singh Bhati

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

04/10/2023

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

claimants under Section 173 of the Motor Vehicles Act, 1988

against the judgment dated 27.05.2017 passed by Judge, Motor

Accident Claims Tribunal & Essential Commodities Act, Jaipur

Metropolitan, Jaipur (hereinafter referred to as the 'Tribunal') in

MAC Case No.917/2014 (Smt.Sunita Devi & Ors. Vs. Babu Lal

Swami & Ors.).

[2023:RJ-JP:26515] (2 of 6) [CMA-3793/2017]

2. The appellants-claimants submitted a claim petition claiming

compensation of Rs.1,70,85,000/-, due to death of deceased -

Magan Lal.

3. Learned Tribunal, vide impugned judgment, has passed an

award of Rs.9,48,000/- in favour of the appellants-claimants.

4. 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.

5. The appeal has been filed on the ground that the learned

Tribunal has not granted any amount under the head of future

prospects and under other heads also, the amount of

compensation has been awarded on a very lower side, therefore,

the appeal has been preferred for enhancement of the award.

6. Learned counsel for the claimants contended that the

learned Tribunal has erred in passing the impugned judgment and

award. Learned Tribunal assessed the income of the deceased only

Rs.6000/- per month, whereas the deceased was doing the work

of a driver of Ambulance and used to earn Rs.8000/- per month.

7. Learned counsel further contended that the learned Tribunal

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

was 30 years of age at time of accident and he was self employed

and, therefore, the claimants are entitled for 100% future

prospects.

[2023:RJ-JP:26515] (3 of 6) [CMA-3793/2017]

8. Learned counsel further contended that the learned Tribunal

has erred in awarding interest @ 6% per annum. It is settled law

that interest on the compensation amount ought to have been

awarded at least @ 12% per annum.

9. 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 may be dismissed.

10. Heard learned counsel for the parties and perused the

material available on record.

11. Learned Tribunal, in the impugned judgment, has considered

monthly income of the deceased - Magan Lal to be Rs.6,000/- and

as the same has not been challenged by the Insurance Company,

the income, so determined by the Tribunal, is upheld. No amount

under the head of future prospects has been awarded to the

appellants-claimants. As per the postmortem report (Ex.10), the

deceased was 30 years at the time of accident.

12. The Apex Court in the case of National Insurance

Company Limited Vs. Pranay Sethi & Ors. [(2017)16 SCC

680] has held that in case of self-employed person the increment

of 40% as future prospects to be awarded, if age of the

deceased/injured is below 40 years and 25%, if the age of

deceased/injured is 40 to 50. Learned Tribunal has assessed age

of the deceased to be between 31 to 35 years, therefore, 40% of

the determined income of Rs.6000/- is to be added in the monthly

income, as assessed by the Tribunal.

[2023:RJ-JP:26515] (4 of 6) [CMA-3793/2017]

13. In view of the abovementioned discussion, increase of 40%

as to the future prospects, as per the direction given in the case of

Pranay Sethi & Ors. (supra) is also to be made. Thus, total

monthly income of the deceased comes out to be Rs.6000 + 40%

(Rs. 2400/-) future prospects = Rs.8400/- per month for the

purpose of calculating the loss of income.

14. It is an admitted fact that the deceased is survived by wife

and two children. All the three persons were living in the same

house with the deceased and, therefore, 1/3 part from the income

of the deceased should be deducted under the head of personal

expenses. In this case, the age of the deceased is found to be

between 31 to 35 years. Therefore, as per judgment of Pranay

Sethi & Ors. (supra), the multiplier of 16 is applicable. Thus, the

loss of dependency comes to Rs.8400 divided by 3 = Rs.2800 and

total Rs.8400 - 2800 = Rs.5600/- per month.

15. Now, as discussed above, applying the multiplier of 16, total

amount quantified as the loss of dependency comes out to be

Rs.5600 x 12 x 16 = Rs.10,75,200/-.

16. Learned Tribunal has awarded an amount of Rs.1,00,000/- to

the appellant No.1 (wife of the deceased) under the head of

spousal consortium. Learned Tribunal has awarded parental

consortium to the appellant Nos.2 & 3 @ Rs.25,000/- each.

17. The Apex Court in the case of Pranay Sethi & Ors. (supra)

has held that spouse of the deceased is entitled to Rs.40,000/-

under the head of spousal consortium and the Apex Court in the

case of United India Insurance Company Ltd. Vs. Satinder

[2023:RJ-JP:26515] (5 of 6) [CMA-3793/2017]

Kaur @ Satvinder Kaur & Anr. reported in [(2021) 11 SCC

780] and Magma General Insurance Co. Ltd Vs. Nanu Ram @

Chuhru Ram & Ors. reported in [(2018) 18 SCC 130] has

held that parents of the deceased are entitled for 'filial' consortium

@ Rs.40,000/- each and children of the deceased are also entitled

for parental consortium @ Rs.40,000/-.

18. Therefore, in the present case also the claimant-appellant-

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

of spousal consortium and appellant Nos.2 & 3, who are children

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

the head of parental consortium.

19. As per the judgment of the Apex Court in the case of Pranay

Sethi & Ors. (supra), the appellants-claimants are entitled for

Rs.15,000/- under the head of funeral expenses and Rs.15,000/-

under the head of loss of estate.

20. Accordingly, judgment and award of the Tribunal is modified

to the extent as under:



  1.          Loss of Annual Income (as                    Rs.5600 x 12 x 16 =
              per   the  age      of   the                 Rs.10,75,200/-
              deceased, multiplier of 16).
  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.12,25,200/-
              compensation
  6.          Less amount awarded by                       Rs.9,48,000/-
              the Tribunal
  7.          Enhanced     amount                of        (Rs.12,25,200-
              compensation                                 Rs.9,48,000=
                                                           Rs.2,77,200/-




                                    [2023:RJ-JP:26515]                   (6 of 6)                    [CMA-3793/2017]

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

dated 27.05.2017 passed by the Tribunal is modified to the

aforesaid extent. The claimants-appellants are entitled to get a

sum of Rs.12,25,200/- as compensation. The 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. After deposition of the said amount,

the learned Tribunal is directed to disburse the same 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.

22. The other terms and conditions of the impugned judgment

and award shall remain the same.