Rajasthan High Court
Smt Koyali Devi And Others vs Vikram And Others on 6 March, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:11195]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 4450/2015
1. Smt Koyali Devi Wife of Late Murari La, Aged 59 years
2. Santosh D/o Late Murari Lal, Aged 31 years
3. Rajesh S/o Late Murari Lal, Aged 29 years
4. Neetu D/o Late Murari Lal, Aged 26 years
5. Pawan Kumar S/o Late Murari Lal, Aged 24 years
All R/o Gram Kalyanpura, Tan Jodhpura, Tehsil Kotputli, PS
Pragpura, District Jaipur
----Appellants/Claimants
Versus
1. Vikram S/o Maheshchand R/o Kalyanpura Tan Jodhpura,
Tehsil Kotputli, District Jaipur (Raj.) At the time of Accident
Vehicle Owner Motor Cycle No. RJ-32-M-7247
2. The New India Assurance Company Ltd. Through Regional
Manager, Regional Office Nehru Place, Tonk Road, Jaipur-
Insurance Company Vehicle Motor Cycle No. RJ-32-M-7247
Insurance Cover Note No. 169648 validity from 28.08.2004 to
27.08.2005
3. Basti Ram S/o Vishamber, Aged 26 years, R/o Hamidpur, PS
Behrod, District Alwar- Vehicle Owner and Driver Motor Cycle
No. RJ02-10M-0942
----Respondents/Non-Claimants
For Appellant(s) : Mr. Rakesh Bhargava, Advocate
For Respondent(s) : Mr. Narendra Kumar Jain, Advocate
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT :: 06/03/2024
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 02.07.2015 passed by the Motor Accident Claims Tribunal
Kotputli, District Jaipur (for short 'the Tribunal') in Claim Case
No.35/2008 whereby the Tribunal has awarded a sum of
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Rs.14,13,000/- along with interest @ 7.5% per annum from the
date of filing the claim petition as compensation in favour of the
claimants.
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.
Learned counsel for the claimants submits that the Tribunal
had wrongly calculated the income of the deceased as Rs.
15,700/- per month. Learned counsel for the claimants further
submits that the deceased was an Ayurvedic Doctor and as per
the income certificate (Ex.15), he was earning Rs. 18,105/- per
month as salary but the Tribunal has wrongly deducted house rent
allowance whereas house rent allowance should be added in the
income of the deceased. Learned counsel for the claimants further
submits that the Tribunal has wrongly deducted 1/3rd amount
towards personal expenses of the deceased, whereas as per the
dependency of the deceased it should be 1/4th. Learned counsel
for the claimants further submits that the Tribunal had not
awarded any amount towards future prospects, whereas as per
the age of the deceased i.e. 54 years at the time of accident, he is
entitled to get 15% towards future prospects. Learned counsel for
the claimants further submits that the Tribunal has awarded very
meagre amount of Rs. Rs.25,000/- lumpsum towards love and
affection whereas it should be Rs.40,000/- to each claimant.
Learned counsel for the claimants also submits that the Tribunal
has awarded only Rs. 2,000/- towards funeral expenses whereas it
[2024:RJ-JP:11195] (3 of 5) [CMA-4450/2015]
should be Rs. 15,000/-. So, judgment and award of the Tribunal
may be modified.
Learned counsel for the claimants has placed reliance on the
judgment passed by the Hon'ble Apex Court in the case of
Raghuvir Singh Matolya and Others Vs. Hari Singh Malviya
and Others, reported in 2009 ACJ 1580.
Learned counsel for the respondent-Insurance Company has
opposed the arguments advanced by learned counsel for the
claimants and submitted that the Tribunal has rightly calculated
the income of the deceased as Rs. 15,700/- per month and rightly
deducted 1/3rd amount towards the personal expenses of the
deceased. So, the appeal being devoid of merit, is liable to be
dismissed.
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
02.07.2015 passed by the Tribunal.
It is an admitted position that while calculating the income of
the deceased, the Tribunal has wrongly deducted the house rent
allowance from the income of the deceased. So, in my considered
opinion, house rent allowance should be added in the income of
the deceased and after adding house rent allowance, income of
the deceased comes to Rs. 16,465/- (Rs.15,700 + Rs.765) per
month. The Tribunal has wrongly deducted 1/3rd amount towards
personal expenses of the deceased, whereas it should be 1/4th
amount from the income of the deceased. The Tribunal has also
not awarded amount towards future prospects, whereas 15% of
the income of the deceased should have been awarded towards
[2024:RJ-JP:11195] (4 of 5) [CMA-4450/2015]
future prospects. The Tribunal awarded very meagre amount
towards loss of consortium, love and affection and funeral
expenses. So, in my considered opinion, amount towards loss of
consortium and love and affection should be Rs.40,000/- to each
claimant and Rs. 15,000/- towards funeral expenses. So, the
judgment of the Tribunal is modified to the extent as under:-
Monthly income 16,465/-
Annual Income 16,465X12= Rs.1,97,580/-
1/4 is to be deducted for 1,97,580 - 49,395 =
personal expenses of the 1,48,185/-
deceased
According to the age of the 1,48,185 X 11= Rs.16,30,035/-
deceased i.e. 54 years,
Multiplier 11 to be applied
Add 15% towards future 16,30,035+2,44,505=
prospects Rs.18,74,540/-
Loss of consortium and Love Rs.2,00,000/-
and Affection to the claimants
(40,000X 5)
Funeral expenses (+)
Rs.15,000/-
Total
Rs.20,89,540/-
Less amount awarded by the
Tribunal Rs.14,13,000/-
Enhanced Amount of
compensation 20,89,540 - 14,13,000=
Rs.6,76,540/-
In view of the above, the claimants are entitled to get a
further sum of Rs.6,76,540 /- as compensation. The Insurance
Company is directed to deposit enhanced amount of Rs.
Rs.6,76,540 /- (20,89,540 - 14,13,000) 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
[2024:RJ-JP:11195] (5 of 5) [CMA-4450/2015]
be entitled to withdraw the same. The enhanced amount shall
carry @ 7.5% interest per annum from the date of filing of claim
petition till the actual payment is made.
Rest part of the impugned judgment shall remain
unchanged. Impugned judgment and award is modified
accordingly.
Consequently, the appeal is partly allowed.
Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Ritu/419
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