Rajasthan High Court
Suraj Narayan And Ors vs Mahaveer Singh And Ors on 13 March, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:12427]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1401/2009
1. Sooraj Narayan S/o Shri. Premraj, age 73 years,
2. Saurabh S/o Shri Sooraj Narayan, age 37 years,
3. Kumari Smriti D/o Shri Sooraj Narayan, age 38 years,
4. Suneera W/o Shri Saurabh, age 36 years
5. Priyansh S/o Shri Saurabh, age 5 years
6. Divanshu S/o Shri Saurabh, age 1 years 6 months
Appellant Nos.5 and 6 are being minor through their natural
guardian and father Sh. Saurabh S/o Sh. Sooraj Narayan All R/o
Opp. Shalimar Colony No.2, Adarsh Nagar, Ajmer
----Appellant
Versus
1. Mahaveer Singh S/o Sh. Kalyan Singh, R/o Vill. Siriyas, Teh.
Degana, Police Station Padukalan, Nagaur (Driver Vehicle Engine
No.P-33501439 & Chassis No.09053501785)
2. Gordhan Singh S/o Sh. Kanaram, R/o Vill. Haveli, Vya
Parbatsar, Police Thana Beelwa, Nagaur (Owner Vehicle Engine
No.P-33501439 & Chassis No.09053501785)
3. Mahendra Singh s/o Sh. Kanaram, r/o Vill. Janjela, Teh.
Parbatsar, Distt. Nagaur (Owner of Vehicle Engine No.P-
33501439 & Chassis No.09053501785)
4. United India Insurance Company Ltd. having its Regional
Office at Sahara Chamber, Tonk Road, Jaipur through its Regional
Manager
----Respondent
For Appellant(s) : Mr. Ravi Singh, Adv. for
Mr. Jai Prakash Gupta, Adv.
For Respondent(s) : Mr. Virendra Agarwal, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 13/03/2024
The present appeal under Section 173 of the Motor Vehicles
Act, 1988 has been preferred by the claimants-appellants (for
[2024:RJ-JP:12427] (2 of 4) [CMA-1401/2009]
short 'the claimants') dissatisfied with the judgment and award
dated 26.11.2008 passed by the Motor Accident Claims Tribunal,
Ajmer (for short 'the Tribunal') in Claim Case No.238/2008,
whereby the Tribunal has awarded a sum of Rs.3,98,000/- along
with interest @ 7.5% per annum from the date of filing the claim
petition i.e. w.e.f. 02.04.2008 as compensation in favour of the
claimants.
Learned counsel for the claimants submits that the Tribunal
wrongly assessed the income of the deceased as Rs.8671/- per
month. Learned counsel for the claimants also submits that in
addition to getting pension, deceased was also taking tuitions and
earned Rs.15,000/- per month. So, income of the deceased be
calculated above Rs.15,000/-. Learned counsel for the claimants
also submits that the Tribunal awarded a very meager amount of
Rs.5,000/- towards funeral expenses. Learned counsel for the
claimants also submits that the Tribunal awarded a very meager
amount of Rs.30,000/- (Rs.10,000/- each claimant Nos.1 to 3)
towards loss of consortium and love and affection and Rs.
15,000/- (Rs.5,000/- each claimant Nos. 4 to 6) amount towards
love and affection. Learned counsel for the claimants also submits
that claimants are entitled to get Rs.40,000/- for each claimant
under the head of loss of consortium and love and affection. So,
judgment and award of the Tribunal be modified accordingly.
Learned counsel for the Insurance Company has opposed the
arguments advanced by learned counsel for the claimants and
submitted that the Tribunal rightly calculated the income of the
deceased as Rs.8671/- and rightly awarded Rs.3,98,000/-. So, the
present appeal be dismissed.
[2024:RJ-JP:12427] (3 of 4) [CMA-1401/2009]
I have considered the arguments advanced by learned
counsel for the claimants as well as learned counsel for the
Insurance Company.
It is an admitted position that claimants failed to adduce any
cogent evidence that deceased-Shyama was earning Rs.15,000/-
per month by taking tuitions. So, in my considered opinion, the
Tribunal rightly calculated the income of the deceased as
Rs.8671/- but the Tribunal awarded a very meager amount of
Rs.30,000/- (Rs.10,000/- each claimant Nos.1 to 3) towards loss
of consortium and love and affection, whereas it should be
Rs.40,000/- for each claimant Nos.1 to 3. The claimant Nos.4 to 6
who are daughter-in-law and grand sons of the deceased have
rightly been awarded Rs.15,000/- (Rs.5,000/- each claimant Nos.4
to 6) towards love and affection. The Tribunal had awarded
meager amount of Rs.5,000/- towards funeral expenses, whereas
it should be Rs.15,000/-. So, the judgment of the Tribunal is
modified to the extent as under:-
Monthly income Rs.8671/-
1/3rd income to be deducted for Rs.8671/- - 2891/- =
personal expenses of the Rs.5780/-
deceased(-)
Annual Income 5780 X 12 =69,360/-
According to the age of the Rs.69360 X 5 = 3,46,800/-
deceased 67 years, Multiplier 5
to be applied
Loss of consortium and love and Rs.1,20,000/-
(40,000 X 3)
Love and Affection to claimant Rs.15,000/-
Nos.4 to 6 (5,000 X 3)
Funeral expenses (+)
Rs.15,000/-
[2024:RJ-JP:12427] (4 of 4) [CMA-1401/2009]
Amount of Transportation as
awarded by the Tribunal Rs.1000/-
Total
Rs.4,97,800/-
Less amount awarded by the
Tribunal Rs.3,98,000/-
Enhanced Amount of
compensation Rs.4,97,800/- - Rs.3,98,000/-
= Rs.99,800/-
The claimants are entitled to get a further sum of
Rs.99,800/- as compensation. The Insurance Company is directed
to deposit enhanced amount of Rs.99,800/- (Rs.4,97,800/- -
Rs.3,98,000/-) 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 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.
In the result, appeal filed by the claimants is partly allowed.
Rest part of the impugned judgment shall remain
unchanged. Impugned judgment and award is modified
accordingly.
Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Jatin /21
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