Rajasthan High Court
Smt. Santosh Kanwar W/O Shri Ajay Singh vs Haridan Charan S/O Shri Bhagirath on 8 April, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:16451]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2748/2022
1. Smt. Santosh Kanwar W/o Shri Ajay Singh, Aged About
56 Years, R/o Village Malsisar, Tehsil Malsisar, Distt.
Jhunjhunu, Presently R/o Plot No. 15, Ganesh Vihar,
Charan Nadi, Behind Govt. School, Murlipura, Jaipur
(Raj).
2. Ajay Singh S/o Late Shri Kishan Singh, Aged About 56
Years, R/o Village Malsisar, Tehsil Malsisar, Distt.
Jhunjhunu, Presently R/o Plot No. 15, Ganesh Vihar,
Charan Nadi, Behind Govt. School, Murlipura, Jaipur
(Raj).
3. Nisha Kanwar D/o Shri Ajay Singh, Aged About 22 Years,
R/o Village Malsisar, Tehsil Malsisar, Distt. Jhunjhunu,
Presently R/o Plot No. 15, Ganesh Vihar, Charan Nadi,
Behind Govt. School, Murlipura, Jaipur (Raj).
----Appellants
Versus
1. Haridan Charan S/o Shri Bhagirath, R/o Bilasi, Malsisar,
Thana Sujangarh, Distt. Churu (Raj.) (Driver Truck No.
Rj-23-G-3468).
2. Jasveer Singh S/o Shri Jagat Singh Chhabra, R/o
Shekhpura, Mohalla, Sikar (Raj.) (Regd. Owner Truck No.
Rj-23-G-3468).
3. New India Insurance Company Limited, Through Manager,
Regional Office, Nrhru Palce, Tonk Road, Jaipur.(Policy No.
33020031170200020829), Validity Date 30-03-2018 Till
29.03.2019.(Ins.co. Truck No.rj-23-G-3468).
----Respondents
For Appellant(s) : Mr. Ram Sharan Sharma, Adv.
For Respondent(s) : Mr. Praveen Kumar Jain, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 08/04/2024
[2024:RJ-JP:16451] (2 of 4) [CMA-2748/2022]
The present appeal under Section 173 of the Motor Vehicles
Act, 1988 has been preferred by the claimants-appellants (for
short 'the claimants') dissatisfied with the judgment and award
dated 24.05.2022 passed by the Special Judge, Printing &
Stationary Embezzlement Cases & Motor Accident Claims Tribunal,
Jaipur District, Jaipur (for short 'The Tribunal') in Claim Case
No.438/2022 (300/2018) NCV No.432/2022, whereby the Tribunal
has awarded a sum of Rs.8,60,826 along with interest @ 6% per
annum from the date of filing the claim petition as compensation
in favour of the claimants.
Learned counsel for the claimants submits that Tribunal had
wrongly assessed the income of the deceased as Rs.5,538/- per
month. Learned counsel for the claimants further submits that the
deceased was earning Rs.15,000 per month by working as a
Salesman in Gurukripa Sari Centre, Surat, Gujarat. So, income of
the deceased be calculated as Rs.15,000/- per month.
Alternatively, learned counsel for the claimants also submits that
the Tribunal has wrongly considered the income of the deceased
for 26 days only, whereas it should be for 30 days. Learned
counsel for the claimants further submits that the Tribunal has
awarded a very meager lump sum amount of Rs.40,000/- towards
loss of consortium and love and affection, whereas it should be
Rs.40,000/- for each claimant. So, the judgment and award of the
Tribunal may be modified accordingly.
Learned counsel for the Insurance Company has opposed the
arguments advanced by learned counsel for the claimants and
submitted that the Tribunal has rightly assessed the income of the
[2024:RJ-JP:16451] (3 of 4) [CMA-2748/2022]
deceased as Rs.5,538/- per month. So, the present appeal filed by
the claimants be dismissed.
I have considered the arguments advanced by learned
counsel for the claimants as well as learned counsel for the
Insurance Company.
It is an admitted position that the claimants failed to adduce
any cogent evidence that deceased was earning Rs.15,000/- per
month by working as a Salesman in Gurukripa Sari Centre, Surat,
Gujarat. So, in my considered opinion, the Tribunal has rightly
calculated the income of the deceased on the basis of minimum
wages prevailed at the relevant point of time i.e., Rs.213/- per day
but the Tribunal was wrongly considered the income of the
deceased for 26 days only, whereas it should be for 30 days. The
Tribunal has awarded a very meager lump sum amount of
Rs.40,000/- towards loss of consortium and love & affection,
whereas it should be Rs.40,000/- for each claimant. So, the
judgment of the Tribunal is modified to the extent as under:-
Monthly Income Rs.213X30=6390/-
Annual Income Rs.6390X 12=76,680/-
According to the age of the Rs.76,680X 17=13,03,560/-
deceased i.e. 27 years,
multiplier 17 to be applied
Since the deceased was an Rs.13,03,560 X 1/2=6,51,780/-
unmarried boy, 1/2 income to
be deducted for personal
expenses of the deceased(-)
Add 40% towards future Rs.6,51,780X40%=2,60,712/-
prospects (+) (Rs.6,51,780+2,60,712/-
=9,12,492/-)
Loss of Consortium and Love Rs.1,20,000/-
& Affection (40,000 X 3)
Funeral Expenses Rs.15,000/-
[2024:RJ-JP:16451] (4 of 4) [CMA-2748/2022]
Loss of Estate Rs.15,000/-
Total Rs.10,62,492/-
Less Awarded Amount Rs.8,60,826/-
Enhanced Amount Rs. 10,62,492 - Rs.8,60,826 =
Rs.2,01,666/-
The claimants are entitled to get a further sum of
Rs.2,01,666/- as compensation. The Insurance Company is
directed to deposit enhanced amount of Rs.2,01,666/- (Rs.
10,62,492 - Rs.8,60,826/-) 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 withdrawn the same. The enhanced amount shall carry 6%
interest from the date of filing of claim petition till the actual
payment is made.
Consequently, the appeal is partly allowed.
Rest part of the impugned judgment shall remain
unchanged. Impugned judgment and award is modified
accordingly.
Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
AVINASH GULERIA/230
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