Rajasthan High Court

National Insurance Co Ltd vs Smt Rajo Devi And Ors on 12 February, 2024

Author: Narendra Singh Dhaddha

Bench: Narendra Singh Dhaddha

[2024:RJ-JP:6958]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

             S.B. Civil Miscellaneous Appeal No. 597/2017

National Insurance Company Ltd., Regional Office At Jeevan
Nidhi, Ii Floor, Ambedkar Circle, Bhawani Singh Road, Jaipur
Through Its Constituted Attorney
                                                                       ----Appellant
                                     Versus
1.       Smt. Rajo Devi W/o Shri Murarilal, R/o Urden Tehsil
         Todabhim, Distt. Karauli
2.       Smt. Savitri D/o Late Shri Murarilal W/o Shri Mayank,
         R/o Nangal Lotwada, Tehsil Sikray, Distt. Dausa Raj.
3.       Kumari Laxmi D/o Late Shri Murarilal, R/o Udaren Tehsil
         Todabhim, Distt. Karauli Raj.
4.       Kumari Rinki D/o Late Shri Murarilal,                    R/o Udaren Tehsil
         Todabhim, Distt. Karauli Raj.
5.       Vishnu     S/o   Late      Shri     Murarilal,       R/o     Urden   Tehsil
         Todabhim, Distt. Karauli Raj.
6.       Mahesh     S/o    Late     Shri     Murarilal,       R/o     Urden   Tehsil
         Todabhim, Distt. Karauli Raj.
7.       Mu. Buddi Devi W/o Late Shri Ramswaroop Saini, R/o
         Urden Tehsil Todabhim, Distt. Karauli Raj.
8.       Kishan Lal S/o Shri Chhotelal, R/o Doub Police Station
         Ramgarh Pachbada, Tehsil Lalsot, Distt Dausa Driver
         Vehicle No. Rj-34-Sd-1939
9.       Harswaroop S/o Shri Madanmohan, R/o Kudhawal, Tehsil
         Todabhim, Distt. Karauli Raj. Registered Owner Of Vehicle
         No. Rj-34-Sd-1939
10.      Sureshchand S/o Shri Bahmukund, R/o Nangal Sultanpur,
         Police Station Balghat, Tehsil Todabhim, Distt. Karauli
         Supurdgar Of Vehicle No. Rj-34-Sd-1939
                                                                   ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No. 1335/2017

1. Smt Rajo Devi W/o Late Shri Murari Lal, R/o Village Urden Tehsil Todabheem Distt. Karoli.

2. Smt Savitri D/o Late Shri Murari Lal, W/o Mayank R/o Nagal Lotwara Tehsil Sikray Distt. Dausa.

[2024:RJ-JP:6958] (2 of 6) [CMA-597/2017]

3. Kumari Laxmi, D/o Late Shri Murari Lal, R/o Village Urden Tehsil Todabheem Distt. Karoli.

4. Kumari Rinki, D/o Late Shri Murari Lal, R/o Village Urden Tehsil Todabheem Distt. Karoli.

5. Vishnu S/o Late Shri Murari Lal, R/o Village Urden Tehsil Todabheem Distt. Karoli.

6. Mahesh S/o Late Shri Murari Lal, R/o Village Urden Tehsil Todabheem Distt. Karoli.

7. Budhi Devi, W/o Ramswroop Saini, R/o Village Urden Tehsil Todabheem Distt. Karoli.

----Appellants Versus

1. Kishan Lal S/o Shri Chhote Lal R/o Village Dob, P.s Ramgarh Pachwara Tehsil Lalsot Distt. Dausa.

2. Harswroop S/o Shri Madanmohan R/o Kudhwal Tehsil Todabheem Distt. Karoli.

3. Suresh Chand S/o Shri Balmukand R/o Nagral Sultanpur P.s. Balghat Tehsil Todabheem, Dis

4. The National Insurance Co. Ltd Through Its Regional, Manager At Regional Office Lic Building Janpath, Amberkar Circle, Jaipur

----Respondents

For Appellant(s) : Mr. Rishipal Agarwal, Advocate for Insurance Company For Respondent(s) : Mr. Sunil Jain, Advocate for claimants

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

DATE OF JUDGMENT 12/02/2024

The instant appeals have arisen out of the judgment and

award dated 16.12.2016 passed by the Motor Accident Claims

Tribunal, Hindauncity (Additional District and Sessions Judge,

No.1, Hindauncity) (for short 'the Tribunal') in Claim Case

[2024:RJ-JP:6958] (3 of 6) [CMA-597/2017]

No.137/2011 titled as "Smt. Rajo Devi & Ors. Vs. Kishanlal &

Ors.", whereby the Tribunal while partly allowing the claim

petition, has awarded a sum of Rs.77,34,378/- along with interest

@ 6% per annum from the date of filing of the claim petition as

compensation in favour of the claimants-respondents (for short'

the claimants') and the Insurance Company and respondent Nos.

8 and 9 in CMA No. 597/2017 have been held entitled to pay the

amount of compensation jointly and severally.

CMA No.597/2017 has been filed by the Insurance Company

challenging the judgment & award passed by the Tribunal on the

various grounds, whereas CMA No.1335/2017 has been filed by

the claimants seeking enhancement of compensation awarded by

the Tribunal.

CMA No.597/2017-Learned counsel for the Insurance

Company submits that the award passed by the learned Tribunal is

illegal, perverse to the facts and material on the record. Learned

counsel further submits that learned Tribunal has not appreciated

the evidence in the right perspective while deciding the issue

No.1. Learned counsel further submits that FIR was lodged with a

delay of one day against the unknown motorcycle. After that, with

manipulation, motorcycle No.1939 was involved in the

investigation to extract the money from the appellant. Learned

counsel also submits that the witnesses Bharat Singh and Girdhari

clearly stated that they had not informed to Batti Lal regarding the

accident. Learned counsel also submits that the learned Tribunal

has wrongly awarded Rs. 25,000/- towards loss of consortium to

claimant No.1 in CMA No. 597/2017 as she is getting pension. So,

there was no loss of income was occurred to her. So, the

[2024:RJ-JP:6958] (4 of 6) [CMA-597/2017]

impugned judgment and award passed by the Tribunal may be

set-aside.

CMA No.1335/2017-Learned counsel for the claimants

submits that the Tribunal while calculating the income of the

deceased wrongly deducted 1/4th amount towards the personal

expenses of the deceased. As per the dependency, it should be

1/5th. Learned counsel further submits that learned Tribunal

awarded a very meager amount of Rs.25,000/- towards loss of

consortium to claimant No.1, Rs. 1,00,000/- as lump sum amount

to claimant Nos. 2 to 6 and Rs. 20,000/- to claimant No.7 towards

love and affection, whereas it should be Rs. 40,000/- for each

claimants. So, award of the Tribunal may be modified accordingly.

I have considered the arguments advanced by learned

counsel for the Insurance Company as well as learned counsel for

the claimants.

While deciding the claim petition, learned Tribunal clearly

mentioned that after investigation, Investigating Officer filed the

charge-sheet against the respondent No.1- Kishan Lal in CMA No.

1335/2017. Insurance Company has not adduced any evidence to

prove issue No.3. So, in my considered opinion, learned Tribunal

has rightly decided issue Nos. 1 and 2 against the Insurance

Company.

Learned Tribunal while calculating the income of the

deceased clearly mentioned that claimant No. 2-Savitri in CMA No.

1335/2017 is the married daughter of the deceased. So, she is not

dependent upon the deceased. So, there were only 6 dependents

of the deceased. So, learned Tribunal rightly deducted 1/4th

amount towards the personal expenses of the deceased but

[2024:RJ-JP:6958] (5 of 6) [CMA-597/2017]

learned Tribunal has committed an error in granting meager

amount of Rs.25,000/- towards loss of consortium to the wife of

the deceased, Rs. 1,00,000/- as lump sum amount to claimant

Nos. 2 to 6 and Rs. 20,000/- to the claimant No.7, whereas it

should be Rs. 40,000/- for each claimants. So, the judgment of

the Tribunal is modified to the extent as under:-

           Monthly income                                        Rs.50,131/-

           Annual Income                                  50,131X12=6,01,572
          Less Income Tax                          6,01,572- 46,673 =5,54,899/-

Since, the deceased was a 5,54,899+1,66,469.7 (round off Government Servant and whose 1,66,470)=Rs.7,21,369/-

  age was determined between
 44-45 years, add 30% towards
        future prospects
     1/4 is to be deducted for                            7,21,369 - 1,80,342
     personal expenses of the                                 =5,41,027/-
             deceased
    According to the age of the                   5,41,027 X 14= Rs.75,74,378/-
   deceased, Multiplier 14 to be
             applied
 Loss of consortium to claimants                                Rs.2,80,000/-
     No. 1 to 7 (40,000 X 7)
        Funeral expenses (+)
                                                                Rs. 15,000/-
                    Total
                                                              Rs.78,69,378/-
   Less amount awarded by the
            Tribunal                                          Rs.77,34,378/-

        Enhanced Amount of
           compensation                                78,69,378 - 77,34,378=

                                                               Rs.1,35,000/-

Accordingly, the civil miscellaneous appeal No.1335/2017

filed by the claimants is partly allowed. The claimants are entitled

to get a further sum of Rs.1,35,000/- as compensation. The

Insurance Company is directed to deposit enhanced amount of Rs.

Rs.1,35,000/- (Rs.78,69,378 - Rs. 77,34,378) with the Tribunal

[2024:RJ-JP:6958] (6 of 6) [CMA-597/2017]

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 @ 6% interest per annum from the date of filing of

claim petition till the actual payment is made.

In the result, appeal filed by the Insurance Company is