Rajasthan High Court

Rekha Devi And Ors vs Hari Singh And Ors ... on 9 October, 2023

Bench: Ashutosh Kumar

[2023:RJ-JP:27881]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 1512/2017

1.       Rekha Devi W/o Late Bablu @ Mahaveer, Kekri, Teh.
         Kekri, Distt. Ajmer Raj.
2.       Govind S/o Late Bablu @ Mahaveer, Minor Through Their
         Natural Guardian Mother Smt. Rekha, Kekri, Teh. Kekri,
         Distt. Ajmer Raj.
3.       Shani D/o Late Bablu @ Mahaveer Minor Through Their
         Natural Guardian Mother Smt. Rekha, Kekri, Teh. Kekri,
         Distt. Ajmer Raj.
4.       Ganga D/o Late Bablu @ Mahaveer Minor Through Their
         Natural Guardian Mother Smt. Rekha, Kekri, Teh. Kekri,
         Distt. Ajmer Raj.
5.       Jamna D/o Late Bablu @ Mahaveer Minor Through Their
         Natural Guardian Mother Smt. Rekha, Kekri, Teh. Kekri,
         Distt. Ajmer Raj.
6.       Om Prakash S/o Shri Madhu, Kekri, Teh. Kekri, Distt.
         Ajmer Raj.
7.       Laxmi Devi W/o Shri Om Prakash, Kekri, Teh. Kekri, Distt.
         Ajmer Raj.
                                                                      ----Appellants
                                      Versus
1.       Hari Singh S/o Radha Kishan, Baghera, Teh. And P.s.
         Kekri, Distt. Ajmer Driver Of The Car No. Rj-01-Cb-6810
2.       Shiv Dayal Rao S/o Badri Lal Rao, Bada Guwada Manda
         Ka    Rasta   Kekri,      Teh.     And P.s.         Kekri,   Distt.   Ajmer
         Supurdagidar Of The Car No. Rj-01-Cb-6810
3.       National Insurance Company Limited, Through Manager,
         Kachhari Road, Ajmer, Distt. Ajmer Having Its Regional
         Office At Lic Building, Ambedkar Circle, Bhawani Singh
         Road, Jaipur Insurer Of The Car No. Rj-01-Cb-6810
                                                                   ----Respondents

For Appellant(s) : Mr.Ravi Singh for Mr.JP Gupta For Respondent(s) : Ms.Sweety Mishra - for respondent No.3

[2023:RJ-JP:27881] (2 of 7) [CMA-1512/2017]

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

09/10/2023

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

claimants under Section 173 of the Motor Vehicles Act, 1988

against the judgment dated 07.01.2017 (hereinafter to be

referred as "impugned judgment") passed by Judge, Motor

Accident Claims Tribunal, Kekri (Ajmer) (hereinafter to be referred

as the "learned Tribunal") in MAC Case No.142/2014 tilted as

Rekha Devi & Ors. Vs. Hari Singh & Ors.

2. The appellants-claimants submitted a claim petition claiming

compensation of Rs.3,40,30,000/-, due to death of deceased -

Bablu @ Mahaveer (hereinafter to be referred as "the deceased").

3. Learned Tribunal, by the impugned judgment, has awarded

compensation of Rs.14,52,032/- to the appellants-claimants.

Aggrieved by the said judgment, the appellants-claimants have

filed the present appeal for enhancement of amount of

compensation.

4. Learned counsel for the appellants-claimants submitted that

the learned Tribunal has assessed income of the deceased

Rs.5,434/-, keeping the deceased in the category of skilled labour,

whereas on the date of accident, minimum wages of skilled labour

was Rs.209/- per day, which should be Rs.6,270/- per month.

5. Learned counsel for the appellants-claimants further

submitted that the learned Tribunal has also erred in awarding

[2023:RJ-JP:27881] (3 of 7) [CMA-1512/2017]

lesser amount under the head of future prospects. Furthermore,

under the conventional head also, the award passed by the

learned Tribunal is required to be enhanced, therefore, the appeal

may be allowed.

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

Insurance Company submitted that the learned Tribunal has

rightly passed the award, which warrants no interference by this

Court. Therefore, the appeal, being devoid of merit, may be

dismissed.

7. Heard learned counsel for the parties and perused the

material available on record.

8. It is revealed from perusal of the impugned judgment of the

learned Tribunal that the appellants-claimants have averred in the

claim petition that the deceased was earning Rs.4,30,000/- per

annum by doing work of property dealing as well as animal

husbandry. However, as the appellants-claimants failed to prove

income of the deceased, the learned Tribunal, taking into account

the minimum wages of a skilled labour, on the date of accident,

calculated monthly income of the deceased to be Rs.5,434/-. It

seems that the learned Tribunal has taken into account the

minimum wages of a skilled labour i.e. Rs.209/- per day by

calculating only 26 days of the month, which needs to be

calculated on the basis of 30 days, which comes out to be

Rs.6,270/- (209x30 = 6,270).

9. This Court finds that the learned Tribunal has awarded 50%

of income under the head of future prospects. The Apex Court in

[2023:RJ-JP:27881] (4 of 7) [CMA-1512/2017]

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 is to

be awarded, if the 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 34 years,

therefore, 40% of the determined income of Rs.6,270/- is to be

added in the monthly income as per the directions given in the

case of Pranay Sethi & Ors. (supra). Thus, total monthly income of

the deceased comes out to be Rs.6,270 + 40% (Rs. 2,508/-)

future prospects = Rs.8,778/- per month for the purpose of

calculating the income of the deceased.

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

four children and his parents. Therefore, the learned Tribunal has

rightly deducted 1/5 of the amount under the head of personal

expenses of the deceased. Therefore, after deducting the amount,

net income of the deceased comes to be Rs.8,778 divided by 5 =

Rs.1,755 and total Rs.8,778 - Rs.1,755 = Rs.7,023/- per month.

11. This Court finds that the learned Tribunal has determined

age of the deceased to be 34 years, therefore, the learned

Tribunal had rightly applied multiplier of 16.

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

amount quantified as the loss of dependency comes out to be

Rs.7,023 x 12 x 16 = Rs.13,48,416/-.

13. Learned Tribunal has awarded an amount of Rs.60,000/- to

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

[2023:RJ-JP:27881] (5 of 7) [CMA-1512/2017]

spousal consortium, Rs.25,000/- each to the appellant Nos.2 to 5

(children of the deceased) under the head of parental consortium

and Rs.10,000/- each to the appellant Nos.6 & 7 (parents of the

deceased) under the head of 'filial' consortium.

14. 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

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/-.

15. 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, appellant Nos.2 to 5, who are children of

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

of parental consortium and the appellant-claimant Nos.6 & 7, who

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

each under the head of 'filial' consortium.

16. Learned Tribunal has awarded Rs.20,000/- under the head of

funeral expenses.

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

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

[2023:RJ-JP:27881] (6 of 7) [CMA-1512/2017]

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

under the head of loss of estate.

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

to the extent as under:



  1.          Loss of Annual Income (as                    Rs.7,023 x 12 x 16 =
              per   the  age      of   the                 Rs.13,48,416/-
              deceased, multiplier of 16).
  2.          Under the head of Spousal                    Rs.40,000/- each to the

              Consortium    &      'filial'                Total Rs.2,80,000/-
              consortium
  3.          Funeral expenses                             Rs.15,000/-
  4.          Loss of estate                               Rs.15,000/-
  5.          Total     amount                   of        Rs.16,58,416/-
              compensation
  6.          Less amount awarded by                       Rs.14,52,032/-
              the Tribunal
  7.          Enhanced     amount                of        (Rs.16,58,412-
              compensation                                 Rs.14,52,032=
                                                           Rs.2,06,384/-

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

dated 07.01.2017 passed by the Tribunal is modified to the

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

sum of Rs.16,58,416/- 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.

20. The other terms and conditions of the impugned judgment

and award shall remain the same.