Rajasthan High Court
Smt. Kanta Devi W/O Late Hariram 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. 1664/2020
Rajasthan State Road Transport Corporation Ltd., Through
Managing Director, Parivahan Marg, Chomu House, Jaipur (Raj.)
(Owner Vehicle Roadways Bus No. Rj-36-Pa-1839)
----Appellant
Versus
1. Smt. Kanta W/o Late Hariram, Aged About 50 Years,
Resident Of Near Chaman Choraha, Sarwad, District -
Ajmer (Raj.)
2. Sh. Topan S/o Late Hariram, Aged About 22 Years,
Resident Of Near Chaman Choraha, Sarwad, District -
Ajmer (Raj.)
3. Smt. Karma W/o Late Shivraj, Aged About 22 Years,
Resident Of Near Chaman Choraha, Sarwad, District -
Ajmer (Raj.)
4. Sh. Sawai Singh S/o Gyan Singh, Aged About 60 Years,
Resident Of Shinla, Tehsil Jaitaran, District Pali (Raj.)
(Driver Vehicle Roadways Bus No. Rj-36-Pa-1839)
----Respondents
S.B. Civil Miscellaneous Appeal No. 103/2020
1. Smt. Kanta Devi W/o Late Hariram, Aged About 49 Years,
B/c Raigar, Resident Of Near Chaman Choraha, Sarwar
District Ajmer (Raj)
2. Shri Topan S/o Late Hariram, Aged About 21 Years, B/c
Raigar, Resident Of Near Chaman Choraha, Sarwar
District Ajmer (Raj)
3. Smt. Karma W/o Late Shri Shivraj, Aged About 21 Years,
B/c Raigar, Resident Of Near Chaman Choraha, Sarwar
District Ajmer (Raj)
----Appellants
Versus
1. Shri Sawai Singh S/o Gyansingh, Aged About 58 Years,
Resident Of 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
(2 of 5) [CMA-1664/2020]
Marg, Chomu House, Jaispur (Raj) (Owner Of Vehicle
Roadways Bus No. Rj-26-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, Upper District & Sessions Judge No.1, Kekri, District
Ajmer (for short 'the Tribunal') in Claim Case No.36/2018, titled as
"Smt. Kanta & Ors. Vs. Sh. Sawai Singh & Anr.", whereby the
Tribunal while partly allowing the claim petition, has awarded a
sum of Rs.11,54,968/- 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.103/2020 has been filed by the claimants seeking
enhancement of compensation awarded by the Tribunal whereas
CMA No.1664/2020 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.103/2020-Learned counsel for the claimants submits
that the Tribunal has wrongly considered the income of the
deceased-Shivraj as Rs.5,382/- per month. Learned counsel for
the claimants further submits that the deceased was earning
(3 of 5) [CMA-1664/2020]
Rs.12,000/- per month while working as a tractor driver. 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 loss of spouse consortium
and funeral expenses, 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 passed by the Tribunal may be
modified accordingly.
4. Learned counsel for the RSRTC in CMA No.1664/2020 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 occurred
on 24.04.2017 but the FIR was lodged on 25.04.2017 with a delay
of one day by Om Prakash, who is cousion brother of deceased but
he did not appear in the witness box to adduce any evidence in
this regard. 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. Learned counsel for the
RSRTC further submits that the Tribunal has wrongly applied the
multiplier of 18, which it is higher side. So, the claim petition filed
by the claimants be dismissed.
(4 of 5) [CMA-1664/2020]
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
assessed the income of the deceased as Rs.5,382/- per month 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
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 funeral expenses and Rs. 15,000/-
towards loss of estate. So, the judgment of the Tribunal is
modified to the extent as under:-
Monthly income 207X30= Rs.6,210/-
1/3 is to be deducted for 6,210-2,070= Rs.4140/-
personal expenses of the
deceased
Annual Income 4140X12= Rs.49,680/-
According to the age of the 49680X18=Rs. 8,94,240/-
deceased, multiplier 18 to be
applied
Add 40% towards future 8,94,240+3,57,696=
prospects Rs.12,51,936/-
Loss of consortium to claimant Rs.1,20,000/-
No.3 Rs.40,000/- and loss of
Love and Affection to the
claimant Nos.1 and 2 (40,000X
2=80,000/-)(+)
Funeral expenses (+)
Rs. 15,000/-
Loss of Estate (+)
Rs. 15,000/-
(5 of 5) [CMA-1664/2020]
Total
Rs.14,01,936/-
Less amount awarded by the
Tribunal Rs.11,54,968/-
Enhanced Amount of
compensation 14,01,936-11,54,968=
Rs.2,46,968/-
7. The claimants are entitled to get a further sum of
Rs.2,46,968/- as compensation. The RSRTC is directed to deposit
enhanced amount of Rs. Rs.2,46,968/- (Rs. 14,01,936-Rs.
11,54,968) 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/199 & 201
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