Rajasthan High Court
Smt. Kali Devi W/O Karna vs Shri Sawai Singh S/O Gyansingh on 4 March, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 96/2020
1. Smt. Kali Devi W/o Karna, Aged About 49 Years, R/o
Kotha Ki Talai, Sarwar, District Ajmer (Raj.)
2. Shri Karna S/o Bannaram, Aged About 50 Years, R/o
Kotha Ki Talai, Sarwar, District Ajmer (Raj.)
3. Mool Chand S/o Karna, Aged About 23 Years, R/o Kotha
Ki Talai, Sarwar, District Ajmer (Raj.)
4. Harji S/o Karna, Aged About 22 Years, R/o Kotha Ki Talai,
Sarwar, District Ajmer (Raj.)
----Appellants
Versus
1. Shri Sawai Singh S/o Gyansingh, R/o Shinla, Tehsil
Jetaran, District Pali (Raj.) (Driver Of Vehicle Roadways
Bus No. Rj-26-Pa-1839)
2. Rajasthan State Road Transport Corporation Limited,
Through Managing Director Parivahan Bhawan, Parivahan
Marg, Chomu House, Jaipur (Raj.) (Owner Of Vehicle
Roadways Bus No. Rj-26-Pa-1839)
----Respondents
Connected With
S.B. Civil Miscellaneous Appeal No. 1365/2020
Rajasthan State Road Transport Corporation Ltd., Through
Managing Director, Parivahan Bhawan, Parivahan Marg, Chomu
House, Jaipur (Raj.) (Owner Vehicle Roadwayas Bus No. Rj-36-
Pa-1839)
----Appellant
Versus
1. Smt. Kali Devi W/o Karna, Resident Of Kotha Ki Talai
Sarwaad, District - Ajmer (Raj.)
2. Sh. Karna S/o Bannaram, Resident Of Kotha Ki Talai
Sarwaad, District - Ajmer (Raj.)
3. Sh. Moolchand S/o Karna, Resident Of Kotha Ki Talai
Sarwaad, District - Ajmer (Raj.)
4. Sh. Harji S/o Karna, Resident Of Kotha Ki Talai Sarwaad,
District - Ajmer (Raj.)
(2 of 5) [CMA-96/2020]
5. Sh. Sawai Singh S/o Gyan Singh, Resident Of Shinla,
Tehsil Jaitaran, District Pali (Raj.) (Driver Vehicle
Roadwayas Bus No. Rj-36-Pa-1839)
----Respondents
For Appellant(s) : Mr. Praveen Kumar Jain, Adv. for
claimants
For Respondent(s) : Mr. V. P. Mathur, Adv. for RSRTC
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
Date Of Judgment 04/03/2024
1. The instant appeals have arisen out of the judgment and
award dated 15.10.2019 passed by the Motor Accident Claims
Tribunal, Additional District & Sessions Judge No.1, Kekri, District
Ajmer (for short 'the Tribunal') in Claim Case No.35/2018, titled as
"Smt. Kali Devi & Ors. Vs. Sh. Sawai Singh & Anr.", whereby the
Tribunal while partly allowing the claim petition, has awarded a
sum of Rs.8,83,888/- along with interest @ 6 % per annum from
the date of filing of the claim petition as compensation in favour of
the claimants-appellants (for short 'the claimants').
2. CMA No.96/2020 has been filed by the claimants seeking
enhancement of compensation awarded by the Tribunal whereas
CMA No.1365/2020 has been filed by the Rajasthan State Road
Transport Corporation (for short 'the RSRTC') challenging the
judgment & award passed by the Tribunal on the various grounds.
3. CMA No.96/2020-Learned counsel for the claimants submits
that the Tribunal has wrongly considered the income of the
deceased-Govind as Rs.5,382/- per month. Learned counsel for
the claimants further submits that the deceased was earning
(3 of 5) [CMA-96/2020]
Rs.12,000/- per month by doing labour work. So, income of the
deceased be considered as Rs.12,000/- 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. Learned counsel for the claimants also submits the
Tribunal has wrongly awarded a lump sum amount of Rs.70,000/-
towards filial consortium and funeral expenses etc., whereas it
should be Rs. 40,000/- towards loss of love and affection & loss of
consortium to each claimant, Rs.15,000/- towards funeral
expenses and Rs. 15,000/- towards loss of estate. So, judgment
of the Tribunal may be modified accordingly.
4. Learned counsel for the RSRTC in CMA No.1365/2020 has
opposed the arguments advanced by learned counsel for the
claimants and submitted that the Tribunal has wrongly awarded
the amount of compensation in favour of the claimants. Learned
counsel for the RSRTC further submits that the accident was
occurred on 24.04.2017 but the FIR was lodged on 25.04.2017
with a delay of one day. Learned counsel for the RSRTC also
submits that the Tribunal has wrongly came to the conclusion that
the charge-sheet was filed against Sawai Singh, driver of the
offending Bus. Learned counsel for the RSRTC also submits that
the accident took place due to negligence of the deceased. So, the
claim petition filed by the claimants be dismissed.
5. I have considered the arguments advanced by learned
counsel for the parties.
6. It is an admitted position that the claimants 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
(4 of 5) [CMA-96/2020]
assessed the income of the deceased as Rs.5,382/- per month on
the basis of minimum wages as prevalent at the relevant point of
time for an unskilled labour 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 loss of filial consortium and
funeral expenses, whereas it should be Rs. 40,000/- per claimant
towards loss of consortium and love and affection, Rs. 15,000/-
towards loss of estate and Rs.15,000/- towards funeral expenses.
So, the judgment of the Tribunal is modified to the extent as
under:-
Monthly income 207X30= Rs.6,210/-
Since the deceased was a 6,210-3,105= Rs.3,105/-
bachelor and his two brothers
were not dependent upon the
deceased, 1/2 is to be deducted
for personal expenses of the
deceased
Annual Income 3,105 X12= Rs.37,260/-
According to the age of the 37,260 X18=Rs. 6,70,680/-
deceased which was between
the age bracket of 21 to 25
years, multiplier 18 to be
applied
Add 40% towards future 6,70,680+2,68,272=
prospects Rs.9,38,952/-
Loss of Love and Affection to Rs.1,60,000/-
the claimant Nos. 3 and 4 =
40,000X 2=80,000/-, loss of
filial consortium to parents
(claimant Nos.1 and 2)
Rs.40,000X2=80,000/- (+)
Funeral expenses (+)
Rs. 15,000/-
Loss of Estate (+)
Rs. 15,000/-
(5 of 5) [CMA-96/2020]
Total
Rs.11,28,952/-
Less amount awarded by the
Tribunal Rs.8,83,888/-
Enhanced Amount of
compensation 11,28,952-8,83,888=
Rs.2,45,064/-
7. The claimants are entitled to get a further sum of
Rs.2,45,064/- as compensation. The RSRTC is directed to deposit
enhanced amount of Rs.2,45,064/- (Rs. 11,28,952-8,83,888) 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. In the result, appeal filed by the RSRTC is dismissed,
whereas, appeal filed by the claimants is partly allowed, as
indicated above.
9. Rest part of the impugned judgment shall remain
unchanged. Impugned judgment and award is modified
accordingly.
10. Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Gourav/200&202
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