Rajasthan High Court
United India Insurance Co Ltd vs Smt Jagriti And Others on 18 March, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:12960]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1253/2015
United India Insurance Company Ltd., Tp Claim Hub, Ajmer
Road, Jaipur Through Its Authorized Signatory
----Appellant
Versus
1. Smt. Jagriti W/o Late Shri Uttam Chand, R/o 16/4,
Chawani, Behind Jain Mandir, Beawar, Distt. Ajmer
2. Pallavi D/o Late Shri Uttam Chand, R/o 16/4, Chawani,
Behind Jain Mandir, Beawar, Distt. Ajmer
3. Nagendra S/o Late Shri Uttam Chand, R/o 16/4, Chawani,
Behind Jain Mandir, Beawar, Distt. Ajmer
4. Kumari Savita D/o Late Shri Uttam Chand, Responded No.
4 Being Minor Represent Thro, R/o 16/4, Chawani, Behind
Jain Mandir, Beawar, Distt. Ajmer
5. Shri Sharwan Kumar S/o Shri Ganga Ram, Driver And
Owner, R/o Godam Gali Chawani, Beawar District Ajmer
----Respondents
Connected With
S.B. Civil Miscellaneous Appeal No. 1110/2015
1. Smt. Jagriti W/o Late Shri Uttam Chand, R/o 16/4, Chawani,
Behind Jain Mandir, Beawar, Distt. Ajmer
2. Pallavi D/o Late Shri Uttam Chand, R/o 16/4, Chawani, Behind
Jain Mandir, Beawar, Distt. Ajmer
3. Nagendra S/o Late Shri Uttam Chand, R/o 16/4, Chawani,
Behind Jain Mandir, Beawar, Distt. Ajmer
4. Kumari Savita D/o Late Shri Uttam Chand, Responded No. 4
Being Minor Represent Thro, R/o 16/4, Chawani, Behind Jain
Mandir, Beawar, Distt. Ajmer
----Appellant
Versus
1. Shri Sharwan Kumar S/o Shri Ganga Ram, Driver And Owner,
R/o Godam Gali Chawani, Beawar District Ajmer (Driver-cum-
owner of the Indica Car No.RJ-14CB-0299)
2. United India Insurance Company Ltd., Motisagar Building,
Ajmer Road Beawar, District Ajmer Raj. Having its Regional
Office at Sahara Chambers, Tonk Road, Jaipur (Insurer of the
[2024:RJ-JP:12960] (2 of 5) [CMA-1253/2015]
Indica Car No.RJ-14CB-0299)
----Respondent
For Appellant(s) : Mr. Rakshit Jain, Adv. for
Mr. Jitendra Mishra, Adv. for
Insurance Company
For Respondent(s) : Mr. Jai Prakash Gupta, Adv. for
claimants
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 18/03/2024
The instant appeals have arisen out of the judgment and
award dated 28.01.2015 passed by the Motor Accident Claims
Tribunal & Additional District and Sessions Judge, No.2, Beawar,
District Ajmer (for short 'the Tribunal') in Claim Case No.521/2014
(97/12, 393/11) titled as "Smt. Jagriti & Ors. Vs. Shri Sharwan
Kumar & Anr.", whereby the Tribunal while partly allowing the
claim petition, has awarded a sum of Rs.38,98,839/- along with
interest @ 6% per annum from the date of filing of the claim
petition w.e.f. i.e. 01.10.2011 as compensation in favour of the
claimants-respondents (for short' the claimants').
CMA No.1253/2015 has been filed by the Insurance
Company challenging the judgment & award passed by the
Tribunal on the various grounds, whereas CMA No.1110/2015 has
been filed by the claimants seeking enhancement of compensation
awarded by the Tribunal.
CMA No.1253/2015-Learned counsel for the Insurance
Company submits that the Tribunal wrongly came to the
conclusion that driver of the offending vehicle was having valid
[2024:RJ-JP:12960] (3 of 5) [CMA-1253/2015]
and effective license to drive LMV as the car was registered as
light motor vehicle. Learned counsel for the Insurance Company
also submits that driver of the offending vehicle was having
license to drive auto and transport vehicle. So, he was not entitled
to drive light motor vehicle. So, finding of the Tribunal be set aside
and Insurance Company be exonerated to pay the compensation.
So, judgment and award of the Tribunal be set aside.
CMA No.1110/2015-Learned counsel for the claimants
submits that the Tribunal had not assessed the future prospects of
the deceased's income. Since, deceased was having 12 years left
over the service, so, after calculating the amount towards future
prospects his income should be on higher side. Learned counsel
for the claimants also submits that the Tribunal had awarded a
very meager amount of Rs.10,000/- towards loss of consortium to
claimant No.1, and Rs. 15,000/- (Rs.5,000/- to each claimant
Nos.2 to 4) towards love and affection, whereas it should be
Rs.40,000/- for each claimant. Learned counsel for the claimants
also submits that the Tribunal has awarded a very meager amount
of Rs.5,000/- towards funeral expenses, whereas it should be
Rs.15,000/-. The Tribunal had not awarded any amount towards
loss of estate. So, claimants are entitled to get Rs.15,000/-
towards loss of estate. So, judgment and award of the Tribunal be
modified accordingly.
I have considered the arguments advanced by learned
counsel for the Insurance Company as well as learned counsel for
the claimants.
It is an admitted position that driver of the offending vehicle
had license to drive the auto and transport vehicle. So, in my
[2024:RJ-JP:12960] (4 of 5) [CMA-1253/2015]
considered opinion, the Tribunal rightly came to the conclusion
that driver of the offending vehicle was entitled to drive light
motor vehicle. The Tribunal had rightly awarded 30% of the
deceased's income towards future prospects as per the age of the
deceased and in view of the fact that he was in Government
service and he was having 12 years left over service but the
Tribunal had awarded a very meager amount of Rs.10,000/-
towards loss of consortium to claimant No.1, and Rs. 15,000/-
(Rs.5,000/- to each claimant Nos.2 to 4) towards love and
affection, whereas it should be Rs.40,000/- for each claimant. The
Tribunal had awarded a very meager amount of Rs.5,000/-
towards funeral expenses, whereas it should be Rs.15,000/-. The
Tribunal had not awarded any amount towards loss of estate. So,
claimants are entitled to get Rs.15,000/- towards loss of estate.
So, the judgment of the Tribunal is modified to the extent as
under:-
Monthly income Rs.25,436/-
Annual Income Rs.25,436 X 12 =3,05,232/-
According to the age of the 3,05,232 X 13 = 39,68,016/-
deceased, Multiplier 13 to be
applied
1/4 is to be deducted for Rs.39,68,016 X 1/4=9,92,004/-
personal expenses of the ( 39,68,016 - 9,92,004 =
deceased Rs.29,76,012/-)
Since, the deceased was a Rs.29,76,012 X 30%=
Government Servant and whose 8,92,803.6 (round off Rs.
age was determined between 8,92,804/-)
46 years, add 30% towards
future prospects
Loss of consortium and love and Rs.1,60,000/-
(40,000 X 4)
Funeral expenses (+)
Rs.15,000/-
[2024:RJ-JP:12960] (5 of 5) [CMA-1253/2015]
Loss of Estate
Rs.15,000/-
Total
Rs.40,58,816/-
Less amount awarded by the
Tribunal Rs.38,98,839/-
Enhanced Amount of
compensation Rs.40,58,816 - Rs.38,98,839 =
Rs.1,59,977/-
The claimants are entitled to get a further sum of
Rs.1,59,977/- as compensation. The Insurance Company is
directed to deposit enhanced amount of Rs.1,59,977/-
(Rs.40,58,816 - Rs.38,98,839) 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 @ 6%
interest per annum from the date of filing of claim petition till the
actual payment is made.
In the result, appeal filed by the Insurance Company is
dismissed, whereas, 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 /135-136
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