Rajasthan High Court

The New India Assurance Co Ltd vs Smt Maya Devi And Ors on 5 April, 2024

Author: Narendra Singh Dhaddha

Bench: Narendra Singh Dhaddha

[2024:RJ-JP:16035]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 6193/2017

1.       Smt. Maya Devi W/o Late Shankar Lal, R/o Ward No. 3,
         Joshi Colony, Neem Ka Thana, Distt. Sikar
2.       Manmohan S/o Late Shankar Lal, R/o Ward No. 3, Joshi
         Colony, Neem Ka Thana, Distt. Sikar
3.       Balram S/o Late Shankar Lal, R/o Ward No. 3, Joshi
         Colony, Neem Ka Thana, Distt. Sikar
4.       Balkishan S/o Late Shankar Lal, R/o Ward No.3, Joshi
         Colony, Neem Ka Thana, Distt. Sikar
                                                                    ----Appellants
                                     Versus
1.       The New India Assurance Company Limited. Through
         Divisional Manager, Divisional Gr. Floor, Jeevan Jyoti,
         Jeevan Beema Nigam Bhawan, Subhash Nagar Shopping
         Complex, Jaipur Insurer Of Car No. Rj 23 Ca 6066
2.       Firoz Khan S/o Ismail Khan, R/o 76, Adarsh Nagar Colony,
         Neem Ka Thana, Distt. Sikar Owner Of Car No. Rj 23 Ca
         6066
3.       Mohammed Faruq S/o Ismail Khan, R/o 76, Adarsh Nagar
         Colony, Neem Ka Thana, Distt. Sikar Driver Of Car No. Rj
         23 Ca 6066
                                                                  ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No. 4205/2017 The New India Insurance Company Ltd. Through Divisional Manager, Divisional Office Basement, Jeevan Jyoti, Life Insurance Corporation Bhawan, Subhash Nagar Shopping Complex, Jaipur Raj.

----Appellant Versus

1. Smt. Maya Devi W/o Late Shri Shankar Lal, Ward No. 3, Joshi Colony, Neem Ka Thana, Distt. Sikar Raj.

2. Manmohan S/o Late Shri Shankar Lal, Ward No. 3, Joshi Colony, Neem Ka Thana, Distt. Sikar Raj.

3. Balram S/o Late Shri Shankar Lal, Ward No. 3, Joshi Colony, Neem Ka Thana, Distt. Sikar Raj.

[2024:RJ-JP:16035] (2 of 6) [CMA-6193/2017]

4. Balkishan S/o Late Shri Shankar Lal, Ward No. 3, Joshi Colony, Neem Ka Thana, Distt. Sikar Raj.

5. Firoj Khan S/o Shri Ismail Khan, 76, Adarsh Colony, Neem Ka Thana, Distt. Sikar Raj.

6. Mohammad Farooq S/o Shri Ismail Khan, 76, Adarsh Colony, Neem Ka Thana, Distt. Sikar Raj.

----Respondents

For Appellant(s) : Mr. Vidhut Gupta, Adv. for claimants For Respondent(s) : Mr. V. P. Mathur, Adv. for Insurance Company

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

DATE OF JUDGMENT 05/04/2024

The instant appeals have arisen out of the judgment and

award dated 22.06.2017 passed by the Motor Accident Claims

Tribunal, Neem Ka Thana, District Sikar (for short 'the Tribunal') in

Claim Case No.63/2012 titled as "Smt. Maya Devi & Ors. Vs. The

New India Insurance Co. Ltd. & Ors.", whereby the Tribunal while

partly allowing the claim petition, has awarded a sum of

Rs.24,18,420/- along with interest @ 9% per annum from the

date of filing the claim petition i.e. w.e.f. 08.02.2012 as

compensation in favour of the claimants.

CMA No.6193/2017 has been filed by the claimants seeking

enhancement of compensation awarded by the Tribunal, whereas

CMA No.4205/2017 has been filed by the Insurance Company

challenging the judgment & award passed by the Tribunal on the

various grounds.

[2024:RJ-JP:16035] (3 of 6) [CMA-6193/2017]

S.B. Civil Miscellaneous Appeal No. 6193/2017:-Learned

counsel for the claimants submits that the Tribunal wrongly

considered the income of the deceased as Rs.25,460/- per month.

Deceased was earning Rs.50,000/- per month from wholesale and

retail medical business. So, income of the deceased be calculated

as Rs.50,000/- per month. Learned counsel for the claimants also

submits that the Tribunal had not awarded any amount under the

head of future prospects. As per the age of the deceased i.e.

about 51 years, claimants are entitled to get 10% amount towards

future prospects. Learned counsel for the claimants also submits

that the Tribunal awarded a very meager amount of Rs.25,000/-

to claimant No.1 towards loss of consortium and Rs. 1,00,000/-

(Rs.25,000/- for each claimant) towards love and affection,

whereas it should be Rs.40,000/- for each claimant. Learned

counsel for the claimants also submits that the Tribunal had not

awarded any amount towards loss of estate, whereas it should be

Rs.15,000/-. So, judgment and award of the Tribunal be modified

accordingly.

S.B. Civil Miscellaneous Appeal No. 4205/2017:-Learned

counsel for the Insurance Company submits that the Tribunal had

not appreciated the evidence led by the parties in right

perspective. Learned counsel for the Insurance Company also

submits that witness of Insurance Company NAW-1 Shri Naveen

Upadhayay categorically stated that the vehicle insured with the

Insurance Company was not mentioned in the Rojnamcha report.

It was involved thereafter to get the compensation. Learned

counsel for the Insurance Company also submits that claimants

[2024:RJ-JP:16035] (4 of 6) [CMA-6193/2017]

failed to prove the negligence of the driver of the alleged vehicle.

Learned counsel for the Insurance Company also submits that the

Tribunal wrongly considered the income of the deceased as

Rs.25,460/- per month as per the Income Tax Return. Claimants

failed to prove the loss of income of the deceased after his death.

Learned counsel for the Insurance Company also submits that the

Tribunal wrongly awarded amount of Rs.25,000/- towards funeral

expenses, whereas it should be Rs.15,000/-. So, judgment and

award of the Tribunal be modified accordingly.

I have considered the arguments advanced by learned

counsel for the claimants as well as learned counsel for the

Insurance Company.

The Tribunal had calculated the income of the deceased on

the basis of his Income Tax Returns (Ex.18) which clearly shows

that annual income of the deceased was Rs.3,05,516/- per

annum. So, income of the deceased was rightly calculated as

Rs.25,460/- per month but the Tribunal had not awarded any

amount towards future prospects. As per the age of the deceased,

claimants are entitled to get 10% amount towards future

prospects. The Tribunal had awarded a very meager amount of

Rs.25,000/- to claimant No.1 towards loss of consortium and Rs.

1,00,000/- (Rs.25,000/- to each claimant) towards love and

affection, whereas it should be Rs.40,000/- for each claimant. The

Tribunal also wrongly awarded the amount of Rs.25,000/- towards

funeral expenses, whereas it should be Rs.15,000/-. The Tribunal

had not awarded any amount towards loss of estate, whereas it

[2024:RJ-JP:16035] (5 of 6) [CMA-6193/2017]

should be Rs.15,000/-. So, the judgment of the Tribunal is

modified to the extent as under:-

            Monthly income                                     Rs.25,460/-

   Less 10% Income Tax Return                      Rs.25,460 X10%=2546/-
                                                (25,460 - 2546 =Rs.22,914/-)
     1/4 is to be deducted for                       Rs.22914 X 1/4= 5728.5/-
     personal expenses of the                            (round off 5729/-)
             deceased                                (22914-5729=Rs.17,185/-)
            Annual Income                         Rs.17,185 X 12 =2,06,220/-
    According to the age of the                 Rs.2,06,220 X 11 =22,68,420/-
   deceased, Multiplier 11 to be
             applied
       Future Prospects                          22,68,420 X 10%=2,26,842/-
 (10% of the deceased's income)                     (22,68,420+2,26,842 =
                                                         24,95,262/-)
 Loss of consortium and love and                             Rs.1,60,000/-

           (40,000 X 4)
           Funeral expenses
                                                               Rs.15,000/-
            Loss of Estate
                                                               Rs.15,000/-
                  Total
                                                            Rs.26,85,262/-
   Less amount awarded by the
            Tribunal                                        Rs.24,18,420/-

        Enhanced Amount of
           compensation                         Rs.26,85,262 - Rs.24,18,420 =

                                                             Rs.2,66,842/-

      The    claimants        are     entitled       to   get     a    further   sum   of

Rs.2,66,842/- as compensation. The Insurance Company is

directed to deposit enhanced amount of Rs.2,66,842/-

(Rs.26,85,262 - Rs.24,18,420/-) 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 claimants shall be

entitled to withdraw the same. The enhanced amount shall carry

[2024:RJ-JP:16035] (6 of 6) [CMA-6193/2017]

@ 9% interest per annum from the date of filing of claim petition

till the actual payment is made.

In the result, appeals filed by the Insurance Company as well

as the claimants are partly allowed as indicated above.

Rest part of the impugned judgment shall remain