Smt Suman Kanwar And Ors vs J V V N L And Ors
2023 Latest Caselaw 6270 Raj/2

[2023:RJ-JP:30539]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                     S.B. Civil First Appeal No. 808/2017

1.       Smt. Suman Kanwar Wd/o Late Shri Narendra Singh, R/o
         Village Babera, Post Pritampuri, Thana Thoi, Sikar Raj.
2.       Anupurn Kanwar @ Poonam D/o Late Shri Narendra Singh
         Minor Through Natural Guardian Moth, R/o Village Babera,
         Post Pritampuri, Thana Thoi, Sikar Raj.
3.       Deeksha Kanwar D/o Late Shri Narendra Singh Minors
         Through Natural Guardian Mother Smt., R/o Village
         Babera, Post Pritampuri, Thana Thoi, Sikar Raj.
                                                           ----Appellants/Plaintiffs
                                        Versus
1.       Jaipur       Vidyut       Vitaran         Nigam            Limited   Through
         Chairman/managing Director, Vidyut Bhawan, Jyoti Nagar,
         Jaipur
2.       Chief Engineer Oandm Jaipur Vidyut Vitran Nigam Limited,
         Purana Power House Road, Ram Mandir, Station Road,
         Jaipur Raj.
3.       Adhishashi Abhiyanta, Jaipur Vidyut Vitran Nigam Limited,
         Ramganj Bazar, Heeda Ki Mori, Galta Road, Jaipur Raj.
4.       Sahayak Abhiyanta, Jaipur Vidyut Vitran Nigam Limited,
         Ramganj Bazar, Heeda Ki Mori, Galta Road, Jaipur Raj.
5.       Jaipur Nagar Nigam, Jaipur Through Mahapaur, Deendayal
         Upadhyay Bhawan, Rambagh Chauraha, Jaipur Raj.
6.       C.e.o./ Mukhya Karyakari Adhikari, Jaipur Nagar Nigam,
         Lalkothi, Jaipur Raj.
                                                ....Opposite Party/Respondents

7. Shravan Singh S/o Late Shri Ramchandra, R/o Village Babera, Post Pritampuri, Thana Thoi, Sikar Raj.

8. Smt. Soni Devi W/o Shri Shrawan Singh Deceased In Pendency Of Suit, R/o Village Babera, Post Pritampuri, Thana Thoi, Sikar Raj.

                                                        ---Performa-Respondents


For Appellant(s)               :   Mr. K. K. Pandit, Adv.
For Respondent(s)              :   Mr. Vishnu Kumar Sharma, Adv. on
                                   behalf of Mr. Nikhlesh Katara, Adv.




 [2023:RJ-JP:30539]                   (2 of 3)                         [CFA-808/2017]

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

DATE OF JUDGMENT 20/10/2023

Instant appeal has been preferred by the appellants-

plaintiffs (for short 'the plaintiffs') against the judgment dated

10.08.2017 passed by Additional District Judge No.12, Jaipur

Metropolitan, Jaipur in Case No.34/2013, by which it decreed the

suit on account of death of Narendra Singh by electrocution

against the respondent Nos.5 and 6 and awarded Rs.39,91,560/-

as compensation with interest 9% from 10.04.2013 and dismissed

the suit qua respondent Nos.1 to 4.

Learned counsel for the plaintiffs submits that learned court

below had awarded very meagre amount in the claim petition filed

by the plaintiffs. Learned counsel for the plaintiffs also submits

that deceased was military personnel and his dress and drink are

supplied by the office canteen. Learned court below wrongly

deducted 1/3rd amount towards personal expenses of the

deceased's income. Learned counsel for the plaintiffs also submits

that learned court below had awarded 50% of deceased's income

towards future prospects, whereas it should be double of the

deceased's income. So, impugned judgment and decree of the

learned court below be modified.

Learned counsel for the plaintiffs has placed reliance upon

the following judgments : (1) Pingla Devi & Ors. Vs. Gopal Lal

& Ors. reported in 1997 ACJ 1020 and (2) Hardeo Kaur & Ors.

Vs. Rajasthan State Road Transport Corporation & Anr.

reported in 1992 ACJ 300.

[2023:RJ-JP:30539] (3 of 3) [CFA-808/2017]

Learned counsel for the defendants has opposed the

arguments advanced by learned counsel for the plaintiffs and

submitted that learned court below rightly considered the income

of deceased and rightly deducted 1/3rd of deceased's income as

personal expenses. Learned court below rightly awarded 50% of

deceased's income as future prospects. So, present appeal be

dismissed.

I have considered the arguments advanced by learned

counsel for the plaintiffs as well as learned counsel for the

defendants.

It is an admitted position that deceased was military

personnel. As per income certificate, income of the deceased was

20,842/- per month and learned court below rightly awarded 50%

of deceased's income as future prospects. Three persons were

dependents on deceased, so, learned court below rightly deducted

1/3rd amount of deceased's income as his personal expenses. So,

in my considered opinion, learned court below rightly awarded the

compensation of Rs.39,91,560/-. So, present appeal being devoid

of merit, is liable to be dismissed, which stands dismissed

accordingly.

Pending application(s), if any, stand(s) disposed of.

(NARENDRA SINGH DHADDHA),J

Jatin /247

Powered by TCPDF (www.tcpdf.org)