Rajasthan High Court
Smt Maiman A Nd Others vs Balram And Others ... on 27 September, 2023
Bench: Ashutosh Kumar
[2023:RJ-JP:25500]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3343/2013
1. Smt Maiman W/o Shri Kallu
2. Kallu S/o Shri Jagmal
3. Rafeek Mohamma S/o Shri Kallu
4. Safi Mohammad S/o Shri Kallu
5. Raheesan S/o Shri Kallu
All B/c Meev, R/o Village Ladlaka, Tehsil Kaman, District
Bharatpur.
----Claimants-Appellants
Versus
1. Balram @ Balli S/o Shri Khem Chand, R/o Village Karma,
Tehsil Hodal, District Faridabad (Owner).
2. Shyam S/o Shri Teji Ram, R/o Village Karma, Tehsil Hodal,
District Faridabad (Driver).
3. The New India Assurance Company Limited, Regional Office
Nehru Place, Tonk Road, Jaipur through Regional Manager.
----Respondents
For Appellant(s) : Mr. Kapil Sharma for
Mr. Sandeep Mathur
For Respondent(s) : Mr. Ram Singh Rathore
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order
27/09/2023
1. The present civil misc. appeal has been filed by the
appellants-claimants under Section 173 of the Motor Vehicles Act,
1988 (for short 'the Act of 1988') against the judgment and award
dated 04.05.2013 passed by the Judge, Motor Accident Claims
Tribunal, Deeg, District Bharatpur (for short 'the Tribunal') in
MACT Case No.29/2001 by which the award dated 17.09.2005
passed earlier in this matter was modified and the earlier awarded
[2023:RJ-JP:25500] (2 of 5) [CMA-3343/2013]
amount of Rs.4,44,000/- has been reduced to Rs.2,25,000/-as
compensation to the appellants-claimants.
2. The appellants-claimants submitted a claim petition claiming
compensation of Rs.58,14,000/-.
3. Learned Tribunal after framing the issues, evaluating the
evidence available on the record and after hearing the counsel for
the parties, decided the claim petition of the claimants-appellants
awarding compensation to the tune of Rs.4,44,000/- under
various heads in favour of the appellants-claimants.
5. The respondent No.3 - Insurance Company being aggrieved
by the impugned judgment and award dated 17.09.2005 filed a
misc. appeal being SB Civil Misc. Appeal No.1073/2006 before this
Court. The Court vide order dated 21.09.2012 remanded back the
matter to the learned Tribunal to re-decide the Issue No.2 with
regard to amount of compensation.
6. After remand of the matter the learned Tribunal has
re-assessed the compensation only to the tune of Rs.2,25,000/-
and directed that the respondents are entitled to recover excess
amount from the claimants vide order dated 04.05.2013. Hence,
the present appeal has been filed by the claimants-appellants.
7. Learned counsel for the appellants submits that the deceased
-Rahul was a healthy boy of 14 years of age at the time of
accident but the learned Tribunal has awarded a meager
compensation of Rs.2,25,000/- only.
8. With regard to age of the deceased, learned counsel submits
that as per postmortem report (Ex.2), the age of the deceased -
Rahul was 14 years at the time of accident and the learned
[2023:RJ-JP:25500] (3 of 5) [CMA-3343/2013]
Tribunal while considering all the documents available before it has
rightly assessed the age of the deceased as 14 years.
9. Learned counsel for the appellant submits that the Hon'ble
Apex Court in the case of Kishan Gopal & Anr. Vs. Lala & Ors,
reported in 2013 ACJ 2594 has awarded compensation of
Rs.4,50,000/- plus Rs.50,000/- in the conventional heads thus a
total sum of Rs.5,00,000/- in the matter of a child death in road
accident.
10. Learned counsel for the appellant, therefore, prays that
re-computation of the award in the present case may be done in
the light of judgment of the Hon'ble Apex Court in the case of
Kishan Gopal (supra).
11. Per contra, learned counsel for the respondent - Insurance
Company submits that the Tribunal while deciding the claim
petition of the claimants-appellants has correctly taken into
consideration the factors while calculating the award in this case
on the basis of evidence produced before it.
12. I have considered the submissions made by the learned
counsel for the parties and gone through the judgment and award
dated 04.05.2013 as well as the material available on the record.
13. The Hon'ble Apex Court in the case of Kishan Gopal (supra)
has held that in the case of minor, while applying the multiplier of
14, the notional income could be taken as Rs.30,000/- instead of
Rs.15,000/- for non- earning member as specified in the Schedule
to the aforesaid Act. Relevant para of the aforesaid judgment
reads thus :
"In our considered view, the aforesaid legal principle
laid down in Lata Wadhwa's case with all fours is
[2023:RJ-JP:25500] (4 of 5) [CMA-3343/2013]
applicable to the facts and circumstances of the case
in hand having regard to the fact that the deceased
was 10 years' old, who was assisting the appellants
in their agricultural occupation which is an
undisputed fact. We have also considered the fact
that the rupee value has come down drastically from
the year 1994, when the notional income of the non-
earning member prior to the date of accident was
fixed at Rs.15,000/-. Further, the deceased boy, had
he been alive would have certainly contributed
substantially to the family of the appellants by
working hard. In view of the aforesaid reasons, it
would be just and reasonable for us to take his
notional income at Rs.30,000/- and further taking
the young age of the parents, namely the mother
who was about 36 years old, at the time of accident,
by applying the legal principles laid down in the case
of Sarla Verma v. Delhi Transport Corporation[3], the
multiplier of 15 can be applied to the multiplicand.
Thus, 30,000 x 15 = 4,50,000 and 50,000/- under
conventional heads towards loss of love and
affection, funeral expenses, last rites as held in
Kerala SRTC v. Susamma Thomas[4], which is
referred to in Lata Wadhwa's case and the said
amount under the conventional heads is awarded
even in relation to the death of children between 10
to 15 years old. In this case also we award
Rs.50,000/- under conventional heads. In our view,
for the aforesaid reasons the said amount would be
fair, just and reasonable compensation to be
awarded in favour of the appellants."
15. Now, applying the abovesaid principles with the case in our
hand, in this case also, at the time of accident, the age of the
deceased was 14 years, as per the postmortem report. It is true,
[2023:RJ-JP:25500] (5 of 5) [CMA-3343/2013]
the deceased had he been alive, would have very helpful to his
parents in their elderly life as well as in the occupation. Further, he
would have certainly contributed substantially to the parents by
working hard. Hence, it is appropriate to fix Rs.30,000/- as
notional income for this case also.
16. Accordingly, the compensation fixed by learned Tribunal is
enhanced as follows:
On Pecuniary Head : Rs.4,50,000/-
Conventional Heads : Rs. 50,000/-
Total : Rs.5,00,000/-
17. In view of the discussions aforesaid, the impugned judgment
and award dated 04.05.2013 passed by the Tribunal is modified to
the aforesaid extent. The claimants-appellants are entitled to get
a sum of Rs.5,00,000/- as compensation. 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. On deposition of the said amount, the
same may be disbursed to the appellant. The enhanced amount
shall carry 8% interest from the date of filing of claim petition till
the actual payment is made.
18. The other terms and conditions of the impugned judgment
and award shall remain the same.
19. Consequently, the appeal is partly allowed.
20. Pending application(s), if any, also stand(s) disposed of.
(ASHUTOSH KUMAR),J
A. ARORA /-42.
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