Rajasthan High Court
Yashoda Devi W/O Late Harendra Kumar 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. 26/2019
Yashoda Devi W/o Late Harendra Kumar, Aged About 36 Years,
R/o Sunhari Colony Bhatta Nagar House No. 26/20 Ward No. 30
District Ajmer
----Appellant
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
1. The present appeal under Section 173 of the Motor Vehicles
Act, 1988 has been preferred by the claimant-appellant (for short
'the claimant') 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.255/2017, whereby the
Tribunal has awarded a sum of Rs.8,01,640/- along with interest
@ 6% per annum from the date of filing the claim petition as
compensation in favour of the claimant.
(2 of 4) [CMA-26/2019]
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
claimant and awarded the amount as indicated above.
3. Learned counsel for the claimant submits that the Tribunal
has wrongly considered the income of the deceased-Narendra
Kumar as Rs.5,226/- per month. Learned counsel for the claimant
further submits that the deceased was a painter and he was
earning Rs.12,000/- per month. So, income of the deceased be
considered as Rs.12,000/- per month. Learned counsel for the
claimant further submits that the Tribunal wrongly calculated the
income of deceased for 26 days, whereas, it should be for 30
days. 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 claimant and
submitted that the finding of the Tribunal does not suffer from any
infirmity or illegality. So, appeal be dismissed.
5. I have considered the arguments advanced by learned
counsel for the claimant 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 claimant failed to adduce
any cogent evidence that the deceased was earning Rs.12,000/-
per month. So, in my considered opinion, the Tribunal has rightly
assessed the income of the deceased as Rs. 5,226/- per month
but the Tribunal has wrongly considered the income of the
deceased for 26 days only, whereas it should be for 30 days. So,
the judgment of the Tribunal is modified to the extent as under:-
(3 of 4) [CMA-26/2019]
Monthly income 201X30 =Rs.6,030/-
Annual Income 6,030X12= Rs.72,360/-
According to the age of the Rs.72,360 X14=Rs.10,13,040/-
deceased i.e. 42 years,
Multiplier 14 to be applied
In view of the judgment of the 10,13,040-3,37,680=
Hon'ble Apex Court in the case Rs. 6,75,360/-
of Sarla Verma & Ors. Vs. DTC
and anr. 2009 DNJ 684, 1/3rd
is to be deducted for personal
expenses of the deceased
Add 25% towards future 6,75,360+1,68,840=
prospects Rs.8,44,200 /-
Loss of Consortium to the Rs.40,000/-
claimant (40,000/-)+
Loss of Estate(+) Rs.15,000/-
Funeral Expenses(+) Rs.15,000/-
Total
Rs.9,14,200/-
Less amount awarded by the
Tribunal Rs.8,01,640/-
Enhanced Amount of
compensation 9,14,200-8,01,640=Rs.
1,12,560/-
7. In view of the above, the claimant is entitled to get a further
sum of Rs.1,12,560/- as compensation. The Insurance Company is
directed to deposit enhanced amount of Rs. Rs.1,12,560/-
(9,14,200-8,01,640) 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 claimant 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.
(4 of 4) [CMA-26/2019]
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/130
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