Rajasthan High Court

A V V N L And Ors vs Smt Kamla Devi And Ors on 5 April, 2024

Author: Narendra Singh Dhaddha

Bench: Narendra Singh Dhaddha

[2024:RJ-JP:16030]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                     S.B. Civil First Appeal No. 915/2018

1.       Kamla Devi W/o Late Mahipal, Aged About 46 Years, R/o
         Bas Nanag, Tehsil And District Jhunjhunu (Raj.)
2.       Poonam D/o Late Mahipal, Aged About 24 Years, R/o Bas
         Nanag, Tehsil And District Jhunjhunu (Raj.)
3.       Paramraj S/o Late Mahipal, Aged About 23 Years, R/o Bas
         Nanag, Tehsil And District Jhunjhunu (Raj.)
4.       Anurag S/o Late Mahipal, Aged About 22 Years, R/o Bas
         Nanag, Tehsil And District Jhunjhunu (Raj.)
                                                                       ----Appellants
                                        Versus
1.       Ajmer Vidyut Vitran Nigam Limited, Through Its Managing
         Director, City Power House, Hathi Bhata Sadak, Ajmer.
2.       Superintending Engineer, Ajmer Vidyut Vitran Nigam
         Limited, Jhunjhunu.
3.       Executive Engineer, Ajmer Vidyut Vitran Nigam Limited,
         Jhunjhunu.
4.       Assistant Engineer (Rural), Ajmer Vidyut Vitran Nigam
         Limited,       Badagaon,             Tehsil       Udaipurwati,        District
         Jhunjhunu.
5.       Junior Engineer (Rural), Ajmer Vidyut Vitran Nigam
         Limited, Binjusar, Tehsil Udaipurwati, District Jhunjhunu.
                                                                     ----Respondents

Connected With S.B. Civil First Appeal No. 935/2017

1. Ajmer Vidyut Vitran Nigam Ltd., Ajmer Through, Managing Director, City Power House Hathi Bhata Sadak, Ajmer Rajasthan

2. Superintendent Engineer, Ajmer Vidyut Vitran Nigam Ltd., Jhunjhunu Rajasthan

3. Executive Engineer, Ajmer Vidyut Vitran Nigam Ltd., Rajasthan

4. Assistant Engineer Rural, Ajmer Vidyut Vitran Nigam Ltd., Bada Gaon, Tehsil Udaipurwati, District, Jhunjhunu Rajasthan

[2024:RJ-JP:16030] (2 of 6) [CFA-915/2018]

5. Junior Engineer Rural Ajmer Vidyut Vitran Nigam, Ltd., Binjusar, Tehsil Udaipurwati, District Jhunjhunu Rajasthan

----Appellants Versus

1. Smt. Kamla Devi W/o Late Mahipal R/o Bas Nanag, Tehsil And District Jhunjhunu Rajasthan

2. Kumari Poonam, D/o Late Mahipal, R/o Bas Nanag, Tehsil And District Jhunjhunu Rajasthan

3. Paramraj, S/o Alte Mahipal , R/o Bas Nanag , Tehsil And District Jhunjhunu Rajasthan

4. Anurag S/o Late Mahipalt, R/o Bas Nanag, Tehsil And District Jhunjhunu Rajasthan

----Respondents

For Appellant(s) : Mr. Vinay Mathur for Insurance Company For Respondent(s) : Mr. Bhawani Shanker for Mr. Parinitoo Jain for Claimants

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

DATE OF JUDGMENT 05/04/2024

The instant appeals have arisen out of the judgment and

decree dated 22.08.2017 passed by the District Judge, Jhunjhunu

(for short 'the trial Court') in civil suit No. 08/2016 (CIS No.

3/2015) titled as "Smt Kamla Devi and Ors. Vs. Ajmer Vidhut

Vitran Nigam Limited and Ors.", whereby the trial Court while

partly allowing the civil suit, has decreed a sum of Rs.5,00,000/-

along with interest @ 9% per annum from the date of filing the

suit as compensation in favour of the appellants-plaintiffs (for

short 'the plaintiffs').

CFA No.915/2018 has been filed by the plaintiffs seeking

enhancement the amount of compensation, as awardedby the trial

[2024:RJ-JP:16030] (3 of 6) [CFA-915/2018]

Court, whereas CFA No.935/2017 has been filed by the Ajmer

Vidyut Vitran Nigam Limited (for short 'the AVVNL') challenging

the judgment and decree passed by the trial Court on the various

grounds.

SB CFA No. 915/2018- Learned counsel for the plaintiffs

submits that the trial Court erred in considering the income of the

deceased as Rs. 6,000/- per month. Learned counsel for the

plaintiffs further submits that while calculating the compensation

amount, the trial Court has decreed a lump sum amount of Rs.

5,00,000/- only. Learned counsel for the plaintiffs further submits

that income of the deceased was to be calculated on the basis of

minimum wages prevalent at the relevant point of time i.e.

Rs.189/- per day. Learned counsel for the plaintiffs further

submits that the trial Court has not awarded any amount towards

future prospects, whereas as per age of the deceased i.e. 44

years, plaintiffs are entitled to get 25% of the deceased's income

towards future prospects. Learned counsel for the plaintiffs further

submits that the trial Court wrongly deducted 1/3rd from the

income of the deceased as his personal expenses. As per the

dependency of the deceased, deduction towards the personal

expenses should be 1/4th. Learned counsel for the plaintiffs

further submits that the trial Court has decreed very meagre

amount towards loss of consortium and love and affection,

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

counsel for the plaintiffs also submits that trial Court has not

awarded any amount under the head of loss of estate, whereas it

should be Rs. 15,000/-. So, judgment and decree of the trial Court

be modified accordingly.

[2024:RJ-JP:16030] (4 of 6) [CFA-915/2018]

Learned counsel for the AVVNL in CFA No.935/2017 has

opposed the arguments advanced by learned counsel for the

plaintiffs and submitted that the trial Court has wrongly held

AVVNL liable to pay the amount of compensation to the plaintiffs.

Learned counsel for the AVVNL submits that the deceased himself

was involved in the electricity theft and due to electrocution, he

died. Learned counsel for the AVVNL further submits that trial

Court wrongly considered the income of the deceased as Rs.

6,000/- per month and wrongly applied the multiplier of 15,

whereas as per the age of deceased i.e. 44 years, multiplier of 14

should be applied. Learned counsel for the AVVNL further submits

that the trial Court has wrongly awarded Rs, 20,000/- towards

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

and decree of the trial Court be modified/set-aside accordingly.

I have considered the arguments advanced by learned

counsel for the plaintiffs as well as learned counsel for the AVVNL.

It is an admitted position that the trial Court while

calculating the income of the deceased as Rs. 6,000/- per month,

decreed the lump sum amount of Rs. 5,00,000/- only as per the

policy of the State Government but the said policy was not

exhibited during the trial. So, in my considered opinion, income of

the deceased is to be calculated on the basis of minimum wages

prevalent at the relevant point of time i.e. Rs.189/- per day. The

trial Court wrongly applied the multiplier of 15, whereas it should

be 14 on the basis of age of the deceased. The trial Court wrongly

deducted 1/3rd amount towards the personal expenses of the

deceased. Since the deceased had four dependents, 1/4th amount

should be deducted from the deceased's income. The trial Court

[2024:RJ-JP:16030] (5 of 6) [CFA-915/2018]

has not awarded any amount towards future prospects. So, in my

considered opinion, plaintiffs are entitled to get 25% towards the

future prospects. The trial Court has awarded lump sum amount of

Rs. 50,000/- towards loss of consortium and love and affection,

whereas it should be Rs.40,000/- for each plaintiff. The trial Court

has wrongly awarded Rs.20,000/- towards funeral expenses,

whereas it should be Rs.15,000/-. The trial Court has not awarded

any amount towards loss of estate, whereas it should be

Rs.15,000/-. So, judgment and decree of the trial court is

modified to the extent as under:

          Monthly Income                                   189X30=Rs. 5,670/-
           Annual Income                                 5670X12= Rs.68,040/-
 1/4 income to be deducted for                      68,040-17,010= Rs.51,030/-
   personal expenses of the
          deceased(-)
   According to the age of the                    51,030 X 14=Rs. Rs.7,14,420/-
     deceased i.e. 44 years,
    multiplier of 14 should be
              applied
      Add 25% towards future                        Rs.7,14,420 /- + Rs.1,78,605/-
           prospects (+)                                    =Rs.8,93,025/-
 Loss of Consortium to plaintiff                                Rs.1,60,000/-
 No.1 (Rs.40,000/-) & loss of
 Love & Affection to plaintiff
 Nos.2 to 4 (Rs.40,000X3) (+)
        Funeral expenses(+)
                                                                 Rs. 15,000/-
         Loss of Estate(+)
                                                                 Rs. 15,000/-
                     Total
                                                               Rs. 10,83,025/-
          Awarded amount
                                                                Rs. 5,00,000/-
          Enhanced Amount
                                                   Rs. 10,83,025-Rs. 5,00,000= Rs.

                                                                   5,83,025/-





                                    [2024:RJ-JP:16030]                     (6 of 6)                         [CFA-915/2018]

The plaintiffs are entitled to get a further sum of

Rs.5,83,025/-(10,83,025-5,00,000) as compensation. The AVVNL is

directed to deposit enhanced amount of Rs. 5,83,025/- with the

trail Court within a period of two months from the date of receipt

of certified copy of this order. On deposition of the said amount,

the plaintiffs shall be entitled to withdrawn the same. The

enhanced amount shall carry @ 9% interest per annum from the

date of filing the civil suit till the actual payment is made.

In the result, appeal filed by the AVVNL as well as the appeal

filed by the plaintiffs are partly allowed, as indicated above.

Rest part of the impugned judgment shall remain

unchanged. Impugned judgment and decree is modified