Rajasthan High Court
Vandana Verma W/O Late Kamlesh Verma vs Tejaram S/O Pusaram on 23 February, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 153/2019
1. Vandana Verma W/o Late Kamlesh Verma, Aged About 40
Years, By Caste Verma, R/o 228/19, Gurjar Teela Nagra,
District Ajmer.
2. Gaurav Verma S/o Late Kamlesh Verma, Aged About 12
Years, R/o 228/19, Gurjar Teela Nagra, District Ajmer.
3. Devanshu Verma S/o Late Kamlesh Verma, Aged About
15 Years, R/o 228/19, Gurjar Teela Nagra, District Ajmer.
4. Ramchandra Verma S/o Shri Chajuram Verma, Aged
About 71 Years, R/o 228/19, Gurjar Teela Nagra, District
Ajmer.
5. Norati Verma W/o Ramchandra Verma, Aged About 69
Years, Appellant No. 2 And 3 Are Minor Through Their
Mother And Natural Guardian Smt. Vandana Verma W/o
Late Kamlesh Verma, By Caste Verma, R/o 228/19,
Gurjar Teela Nagra, District Ajmer.
----Appellants
Versus
1. Tejaram S/o Pusaram, R/o Kucchi Pala, Tehsil Makrana,
District Nagaur (Driver Trailor No. Rj-03-Ga-3878).
2. Sandeep Kumar S/o Bajrang Lal, R/o Gadi, Banswara
(Owner Trailor No. Rj-03-Ga-3878).
3. Iffco Tokio General Insurance Company Limited, Having
Its Regional Office At 13-37, Hanuman Nagar, Khatipura
Crossing, Sirsi Road, Jaipur Through Its Regional
Manager. (Insurer Trailor No. Rj-03-Ga-3878).
----Respondents
For Appellant(s) : Mr. Vinay Mathur, Adv.
For Respondent(s) : Ms. Rajni Vyas, Adv. for insurance
company
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
Date Of Judgment 23/02/2024
(2 of 4) [CMA-153/2019]
1. 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 05.09.2018 passed by the Motor Accident Claims Tribunal,
Ajmer (for short 'the Tribunal') in Claim Case No.256/2017,
whereby the Tribunal has awarded a sum of Rs.9,75,020/- along
with interest @ 6% per annum from the date of filing the claim
petition as compensation in favour of the claimants.
2. The Tribunal on the basis of the pleading of the parties,
framed the issues and evaluated the evidence on record. After
hearing counsel for the parties, decided the claim petition of the
claimants and awarded the amount as indicated above.
3. Learned counsel for the claimants submits that the Tribunal
has wrongly considered the income of the deceased-Kamlesh
Verma as Rs.5,746/- per month. Learned counsel for the claimants
further submits that the deceased was a skilled labour earning
Rs.25,000/- per month. So, income of the deceased be considered
as Rs.25,000/- per month. Learned counsel for the claimants
further submits that the Tribunal wrongly calculated the income of
deceased for 26 days, whereas, it should be for 30 days. The
Tribunal has wrongly awarded lump sum amount of Rs. 40,000/-
towards the consortium, love and affection, whereas it should be
Rs. 40,000/- per member. So, judgment and award of the Tribunal
may be modified.
4. Learned counsel for the insurance company has opposed the
arguments advanced by learned counsel for the claimants and
submitted that the finding of the Tribunal does not suffer from any
infirmity or illegality. So, appeal be dismissed.
(3 of 4) [CMA-153/2019]
5. I have considered the arguments advanced by learned
counsel for the claimants as well as learned counsel for the
respondent-Insurance Company and perused the judgment dated
05.09.2018.
6. It is an admitted position that the claimants failed to adduce
any cogent evidence that the deceased was earning Rs.25,000/-
per month. So, in my considered opinion, the deceased was found
to be a skilled labour, the Tribunal has rightly assessed the
income of the deceased as Rs. 5,746/- per month but the Tribunal
has wrongly considered the income of the deceased for 26 days
only, whereas it should be for 30 days. The Tribunal has awarded
lump sum amount of Rs. 40,000/- towards the consortium, love
and affection, whereas, it should be Rs. 40,000/- per member.
So, the judgment of the Tribunal is modified to the extent as
under:-
Monthly income 221X30 =Rs.6,630/-
Annual Income 6630X12= Rs.79,560/-
According to the age of the Rs.79,560X14=Rs.11,13,840/-
deceased i.e. 41 years,
Multiplier 14 to be applied
1/4 is to be deducted for 11,13,840-2,78,460=
personal expenses of the Rs. 8,35,380/-
deceased
Add 25% towards future 8,35,380+2,08,845=
prospects Rs.10,44,225 /-
Loss of Love and Affection to Rs.2,00,000/-
the claimants (40,000X 5)
Loss of Estate(+) Rs.15,000/-
Funeral Expenses(+) Rs.15,000/-
Total
Rs.12,74,225/-
(4 of 4) [CMA-153/2019]
Less amount awarded by the
Tribunal Rs.9,75,020/-
Enhanced Amount of
compensation 12,74,225-9,75,020=Rs.
2,99,205/-
7. In view of the above, the claimants are entitled to get a
further sum of Rs.2,99,205/- as compensation. The Insurance
Company is directed to deposit enhanced amount of Rs.
Rs.2,99,205/- (12,74,225-9,75,020) 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 per annum from the date of filing of claim
petition till the actual payment is made.
8. Rest part of the impugned judgment shall remain
unchanged. Impugned judgment and award is modified
accordingly.
9. Consequently, the appeal is partly allowed.
10. Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Gourav/129
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