Rajasthan High Court - Jodhpur
Mohan Lal And Ors vs Gyan Chand And Ors. (2024:Rj-Jd:9414) on 23 February, 2024
Author: Rekha Borana
Bench: Rekha Borana
[2024:RJ-JD:9414]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2142/2007
Mohan Lal And Ors.
----Appellants
Versus
Gyan Chand And Ors.
----Respondents
For Appellant(s) : Mr. Sandeep Saruparia
Mr. Nikhil Ajmera
For Respondent(s) : Mr. U.C.S. Singhvi
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
23/02/2024
1. The present misc. appeal has been filed by the appellants-
claimants seeking enhancement of the compensation amount
awarded vide Judgment and Award dated 16.06.2007 passed by
Motor Accident Claims Tribunal, Chittorgarh in Motor Accident
Claim Case No.499/2005.
The learned Tribunal, vide impugned judgment/award
awarded a sum of Rs.4,00,000/- with interest @8% per annum in
favour of the claimants.
2. Learned counsel for the appellants, at the very inception,
submits that he does not press the finding of learned Tribunal qua
assessment of the income. He submits that the income of
Rs.2700/- as assessed by the learned Tribunal is in terms of the
material available on record and hence, he does not dispute the
same. However, he submits that while computing loss of income,
future prospects @40% ought to have been taken into
consideration in light of the judgment passed by the Hon'ble Apex
(Downloaded on 26/02/2024 at 08:39:39 PM)
[2024:RJ-JD:9414] (2 of 4) [CMA-2142/2007]
Court in the cases of National Insurance Company Limited Vs.
Pranay Sethi & Ors.; (2017) 16 SCC 680 and Sarla Verma &
Ors vs Delhi Transport Corp.& Anr; 2009 (6) SCC 121. He
further submits, that looking to the number of dependants i.e.
five, the deduction qua personal expenses also ought to have been
1/4th of the income and not 1/3rd. Learned counsel further submits
that the consortium to all the dependants also be awarded in
terms of the judgment in the case of Magma General Insurance
Co. Ltd. vs. Nanu Ram and Ors.; (2018) 18 SCC 130 and
further, compensation qua funeral expenses and loss of estate too
be awarded as per the ratio laid down by the Hon'ble Apex Court
in the case of Pranay Sethi (supra).
3. Learned counsel for the respondent-insurance company is
not in a position to refute the legal position as laid down in the
above mentioned judgments.
4. In the opinion of this Court, besides the grounds as raised by
learned counsel for the appellants, the multiplier of 16 as applied
by the learned Tribunal also deserves interference in terms of ratio
laid down in Sarla Verma (supra). As the deceased was
admittedly 25 years of age, multiplier of 18 ought to have been
applied.
5. Further, the amount under the head of 'loss of consortium'
also deserves to be granted to each claimant and to be enhanced
at the rate of 10% every three years from the date of the
judgment of Pranay Sethi (supra) i.e. 31.10.2017. Hence, the
amount under the head 'loss of consortium' deserves to be
enhanced to Rs.48,000/-.
(Downloaded on 26/02/2024 at 08:39:39 PM)
[2024:RJ-JD:9414] (3 of 4) [CMA-2142/2007]
6. On the above analysis, the amount under the conventional
heads, after enhancement, is modified as under:
Loss of estate: Rs.15,000/-;
Loss of consortium: Rs.48,000/- to each dependant;
Funeral expenses: Rs.15,000 /-.
7. Consequently, the present appeal is partly allowed and the
impugned judgment/award dated 16.06.2007 passed by the Motor
Accident Claims Tribunal, Chittorgarh in Motor Accident Claim Case
No.499/2005 is modified to the extent that the claimants shall be
entitled to the following compensation:
1. Income per month (after adding Rs.2835/-
future prospects (40%) and
deduction towards personal and
living expenses (1/4th in the
monthly income of Rs.2700/-)
2. Loss of Annual Income (as per 2835 x 12 x 18
the age of the deceased [25 =Rs.6,12,360/-
years], multiplier of 18).
3. Under the head of 'loss of Rs. 15,000/-
estate
4. Under the head of 'consortium' Rs.48000/- each to appellant
Nos.1,2,3,4,& 5
Total: Rs.2,40,000 /-
5. Under the head of 'Funeral Rs.15,000/-
expenses'
6. Total amount of compensation Rs.8,82,360/-
7. Amount awarded by Tribunal. Rs.4,00,000/-
8. Enhanced amount of Rs.8,82,360/-
compensation -Rs.4,00,000/-
------------------
Rs.4,82,360/-
8. The enhanced amount qua the loss of income and other
heads shall carry an interest at the rate of 6% per annum from
the date of filing of the claim petition. However, the amount
awarded vide this order qua the head of consortium shall not carry
any interest as the same already comprises of a 10% increase for
[2024:RJ-JD:9414] (4 of 4) [CMA-2142/2007]
every three years and hence, has been computed to be
Rs.48,000/-.
9. The respondent insurance company is directed to deposit the
enhanced amount of compensation with the Tribunal within a
period of two months from the date of receipt of the copy of this
order failing which, the same shall carry interest @ 7.5% per
annum from the date of this order till actual realization. Upon
deposition, learned Tribunal is directed to disburse the same to the
claimants in terms of the award.
(REKHA BORANA),J
266-T.Singh/-
Powered by TCPDF (www.tcpdf.org)
