Rajasthan High Court
United India Insurance Co Ltd vs Smt Kali And Others ... on 21 September, 2023
Bench: Ashutosh Kumar
[2023:RJ-JP:29324]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 779/2015
United India Insurance Co., Regional Office Sahara Chambers,
Tonk Road, Jaipur Through Constituted Attorney.
----Appellant
Versus
1. Smt. Kali W/o Late Shri Rawatsingh, By Caste Rawat, R/o
Vill. Naharpura, Teh. And District Ajmer.
2. Rawatsingh S/o Shri Beejasingh, By Caste Rawat, R/o Vill.
Naharpura, Teh. And District Ajmer.
3. Kumari Nena D/o Shri Rawatsingh, By Caste Rawat, R/o
Vill. Naharpura, Teh. And District Ajmer.
4. Kumari Maina D/o Shri Rawatsingh, By Caste Rawat, R/o
Vill. Naharpura, Teh. And District Ajmer.
5. Kumari Priya D/o Shri Rawatsingh, By Caste Rawat
Claimants-Respondent No. 3 To 5 Are Being Minor Th, R/o
Vill. Naharpura, Teh. And District Ajmer.
6. Bhairudan S/o Shri Radhakishan, By Caste Gurjar, R/o
Vill. Doomada, Via Saradhana, Police Station
Mangaliyawas, District Ajmer. Driver Of Tractor No. Rj-01-
Ra-3086
7. Smt. Rumka Devi W/o Shri Radhakishan, By Caste Gurjar,
R/o Vill. Doomada, Via Saradhana, Police Station
Mangaliyawas, District Ajmer. Owner Of Tractor No. Rj-01-
Ra-3086
----Respondents
For Appellant(s) : Mr. Raaj Pal Choudhary
For Respondent(s) : Mr. Ravi Singh for Mr. J. P. Gupta
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
21/09/2023
1. The instant appeal has been filed by the appellant -
Insurance Company under Section 173 of the Motor Vehicles Act,
[2023:RJ-JP:29324] (2 of 4) [CMA-779/2015]
1988 against the judgment and award dated 13.01.2015 passed
by Judge, Motor Accident Claims Tribunal, Ajmer (hereinafter
referred to as the 'Tribunal') in Claim Petition No.141/2014
whereby the learned Tribunal has partly allowed the claim petition
filed by the claimants and awarded a sum of Rs.5,10,000/-.
2. A claim petition under Section 166 of the Motor Vehicles Act,
1988 was filed by the claimants, claiming Rs.35,68,000/- as
compensation on account of death of Pradhan Singh under various
heads.
3. Aggrieved by the impugned judgment and award of the
learned Tribunal the present appeal has been filed to quash and
set aside the judgment and award.
4. Learned counsel for the appellant - Insurance Company
submitted that the deceased was himself responsible for the
accident. The deceased was walking on the road negligently and
hit by another vehicle and thus, the accident occurred.
5. Learned counsel argued that the learned Tribunal has
wrongly assessed the income of the deceased - Pradhan Singh, as
Rs.6000/- per month in absence of any documentary evidence and
there was no evidence regarding future prospects of the deceased.
To prove the age of the deceased - Pradhan Singh, no document
was produced by the claimants.
6. On the other hand, learned counsel for the respondents
supported the impugned judgment and award and argued that
there is no force in the appeal hence, it be dismissed.
[2023:RJ-JP:29324] (3 of 4) [CMA-779/2015]
7. Heard learned counsel for the parties and perused the
material available on record.
8. So far as the contention of learned counsel for the appellant
- Insurance Company regarding assessment of daily income of the
deceased - Pradhan Singh is concerned, the learned Tribunal, in
absence of any proof of income of the deceased by doing the work
of animal husbandary, has assessed his income to be Rs.30,000/-
per annum as notional income, which in the considered opinion of
this Court, is not on higher side.
9. Relying upon the judgment of Hon'ble Supreme Court in the
case of National Insurance Company Ltd Vs. Pranay Sethi &
Ors reported in (2017) 16 SCC 680 and looking to the age of the
deceased as 15 years on the date of incident, the learned Tribunal
has rightly applied multiplier of 15.
10. Under the head of consortium, the learned Tribunal has
awarded Rs.35,000/- to each of the claimants, which is also not
on higher side, as per the judgment 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,
11. It seems that learned Tribunal, for the death of deceased -
Pradhan Singh, has not awarded the compensation on a very
higher side. Therefore, the findings of the learned Tribunal does
not warrant any interference in this regard.
[2023:RJ-JP:29324] (4 of 4) [CMA-779/2015]
12. Taking into consideration of the facts and circumstances of
the case and in the light of judgments of Hon'ble Supreme Court
in the case of Kishan Gopal & Anr. Vs. Lala & Ors : Civil
Appeal No.7137/2013 and in the case of Lata Wadhwa & Ors.
Vs. State of Bihar & Ors reported in (2001) 8 SCC 197, the
learned Tribunal has granted fair and reasonable compensation to
the claimants @ Rs.5,10,000/- due to death of Pradhan Singh,
which in the opinion of this Court is also not on higher side.
13. The learned Tribunal while deciding the issue Nos.1 to 4
elaborately discussed the evidence and awarded a 'just
compensation'. The findings arrived at by the learned Tribunal are
based on legally sound reasoning, with which I fully concur.
14. The learned Tribunal has not committed any error in allowing
the claim petition and awarded reasonable compensation to the
claimants.
15. In view of the above discussions, this Court does not find
any merit in this appeal, which deserves to be dismissed.
16. The present appeal is thus, dismissed.
17. Stay application and other pending application(s), if any,
stand disposed of accordingly.
(ASHUTOSH KUMAR),J
A. ARORA /-30.
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