Rajasthan High Court

Bhagoti And Others vs Sampat Singh And Others on 18 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. 2360/2016

1.   Bhagoti W/o Late Jagdish Narayan Gurjar, R/o Nurpur
     Nada,     Post    Gadwadi,         Tehsil      Jamwaramgarh,        District
     Jaipur.
2.   Rajaram S/o Late Jagdish Narayan Gurjar, R/o Nurpur
     Nada,     Post    Gadwadi,         Tehsil      Jamwaramgarh,        District
     Jaipur.
3.   Madan S/o Late Jagdish Narayan Gurjar, R/o Nurpur
     Nada,     Post    Gadwadi,         Tehsil      Jamwaramgarh,        District
     Jaipur.
4.   Kamlesh S/o Late Jagdish Narayan Gurjar, R/o Nurpur
     Nada,     Post    Gadwadi,         Tehsil      Jamwaramgarh,        District
     Jaipur.
5.   Mintu D/o Late Jagdish Narayan Gurjar, R/o Nurpur Nada,
     Post Gadwadi, Tehsil Jamwaramgarh, District Jaipur.
6.   Kalli   Devi     W/o     Nathuram,          R/o      Nurpur     Nada,   Post
     Gadwadi, Tehsil Jamwaramgarh, District Jaipur.
7.   Nathuram Gurjar (Died), R/o Nurpur Nada, Post Gadwadi,
     Tehsil Jamwaramgarh, District Jaipur.
                                                                   ----Appellants
                                   Versus
1.   Sampat Singh S/o Bheru Ji Rawat, R/o Gordhanpura,
     Thana Bhinay, District Ajmer. Driver Vehicle No. Hr-55-F-
     6186
2.   Mohammed Sayyed S/o Mohammed Nabi, R/o 1478, Kv
     No. 2, Gosi Mohalla, Nasirabad, District Ajmer. Owner
     Vehicle No. Hr-55-F-6186
3.   National Insurance Company Limited, Division Office At
     Bhagwati Bhawan, M.i. Road, Jaipur Having Its Regional
     Office At Near Nidhi Bhawan, High Court Circle, C-
     Scheme, Jaipur Through Its Regional Manager Policy No.
     370701/31/10/6300000563                      For           13.05.2010    To
     12.05.2011-Insurance Company - Vehicle No. Hr-55-F-
     6186
                                                                 ----Respondents

Connected With

(2 of 7) [CMA-2360/2016]

S.B. Civil Miscellaneous Appeal No. 1353/2016

National Insurance Company Limited, Division Office At Bhagwati Bhawan, M.i. Road, Jaipur Having Its Regional Office At Near Nidhi Bhawan, High Court Circle, C-Scheme, Jaipur Through Its Regional Manager Policy No. 370701/31/10/6300000563 For 13.05.2010 To 12.05.2011 - Insurance Company - Vehicle No. Hr-55-F-6186 Versus

1. Smt. Bhagoti W/o Late Jagdish Narayan Gurjar, R/o Nurpur Nada, Post Gadwadi, Tehsil Jamwaramgarh, District Jaipur.

2. Rajaram S/o Late Jagdish Narayan Gurjar, R/o Nurpur Nada, Post Gadwadi, Tehsil Jamwaramgarh, District Jaipur.

3. Madan S/o Late Jagdish Narayan Gurjar, R/o Nurpur Nada, Post Gadwadi, Tehsil Jamwaramgarh, District Jaipur.

4. Kamlesh S/o Late Jagdish Narayan Gurjar, R/o Nurpur Nada, Post Gadwadi, Tehsil Jamwaramgarh, District Jaipur.

5. Kum. Mintu D/o Late Jagdish Narayan Gurjar, R/o Nurpur Nada, Post Gadwadi, Tehsil Jamwaramgarh, District Jaipur.

6. Nathuram Gurjar Died, R/o Nurpur Nada, Post Gadwadi, Tehsil Jamwaramgarh, District Jaipur.

7. Smt. Kalli Devi W/o Nathuram, R/o Nurpur Nada, Post Gadwadi, Tehsil Jamwaramgarh, District Jaipur. Claimants Respondents.

8. Sampat Singh S/o Bheruji Rawat, R/o Gordhanpura, Police Station Bhinai, District Ajmer (Raj.) (Driver Vehicle No.HR-55-F- 6186)

9. Mohammad Sayed, S/o Mohammad Nabi, R/o

----Respondent

For Appellant(s) : Mr. Vinay Mathur, Adv. in CMA

Mr. Tripurari Sharma, Adv. in CMA

For Respondent(s) : Mr. Tripurari Sharma, Adv. in CMA

Mr. Vinay Mathur, Adv. in CMA

(3 of 7) [CMA-2360/2016]

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

Date Of Judgment 18/03/2024

1. The instant appeals have arisen out of the judgment and

award dated 14.01.2016 passed by the Motor Accident Claim

Tribunal and Additional District & Sessions Judge No.4, Jaipur

District Jaipur (for short 'the Tribunal') in Claim Case No.624/2014

(1215/2010), titled as "Smt. Bhagoti & Ors. Vs. Sampat Singh &

Ors", whereby the Tribunal while partly allowing the claim petition,

has awarded a sum of Rs.6,48,200/- along with interest @ 8 %

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.2360/2016 has been filed by the claimants seeking

enhancement of compensation awarded by the Tribunal whereas

CMA No.1353/2016 has been filed by the National Insurance

Company Limited (for short 'the Insurance Company') challenging

the judgment & award passed by the Tribunal on the various

grounds.

3. CMA No.2360/2016-Learned counsel for the claimants

submits that the Tribunal has wrongly considered the income of

the deceased-Jagdish Narayana as Rs.4,050/- per month on the

basis of minimum wages. Learned counsel for the claimants

further submits that the deceased was doing agricultural & Animal

Husbandry work and earning Rs.15,000/- per month. So, income

of the deceased be considered as Rs.15,000/- per month. Learned

counsel for the claimants further submits that the Tribunal has

wrongly applied the multiplier of 15, which it is on lower side.

(4 of 7) [CMA-2360/2016]

Learned counsel for the claimants also submits that Tribunal

wrongly deducted 1/5th amount from the income of the deceased

as his personal expenses, whereas according to the number of

dependents, it should be 1/10th of the deceased's income. The

Tribunal has not awarded any amount towards future prospects.

Learned counsel for the claimants also submits the Tribunal has

awarded very meagre amount towards love and affection & loss of

consortium as well as funeral expenses. Learned counsel for the

claimants further submits that the Tribunal has not awarded any

amount towards loss of estate. So, judgment of the Tribunal may

be modified accordingly.

4. Learned counsel for the Insurance Company in CMA

No.1353/2016 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 Insurance Company further

submits that the Tribunal has rightly assessed the income of the

deceased as Rs.4,050/- per month. Learned counsel for the

Insurance Company further submits that the Tribunal has wrongly

fastened the liability on the Insurance Company to pay the

amount of compensation to the claimants. Learned counsel for the

Insurance Company also submits that the Insurance Company by

way of evidence clearly proved that the alleged vehicle was being

driven without a valid permit. The Insurance Company had given a

notice to the owner of the alleged vehicle but he did not submit

any valid permit. So, the judgment and award dated 14.01.2016

passed by the Tribunal be modified and recovery rights be given to

the Insurance Company to recover the amount of compensation.

(5 of 7) [CMA-2360/2016]

5. Learned counsel for the Insurance Company has placed

reliance upon the following judgments:- (1) Amrit Paul Singh &

Anr. Vs. Tata AIG General Insurance Company Limited &

Ors. reported in 2018 ACJ 1768; (2) The Oriental Insurance

Company Limited Vs. Smt. Poonam W/o Late Vasudev

Mangtani & Ors. in S. B. Civil Miscellaneous Appeal

No.255/2003 decided on 10.07.2018; (3) National

Insurance Company Limited Vs. Smt. Pushpa Devi & Ors.

reported in MACD 2013 (3) (Raj.) 1692.

6. I have considered the arguments advanced by learned

counsel for the parties.

7. It is an admitted position that the claimants failed to adduce

any cogent evidence that the deceased was earning Rs.15,000/-

per month. In my considered opinion, income of the deceased

should be calculated considering him as unskilled labour on the

basis of minimum wages prevalent at the relevant point of time

i.e. Rs.100/- per day. The Tribunal has not awarded towards future

prospects, whereas as per age of the deceased i.e. 40 years, it

should be 25% of the income of the deceased. The Tribunal has

wrongly deducted 1/5th amount from the income of the deceased

towards his personal expenses because deceased had 5

dependents as claimant No.2 had attained the age of majority. The

Tribunal has also awarded very meagre amount towards loss of

love and affection & loss of consortium, whereas it should be Rs.

40,000/- towards loss of love and affection & loss of consortium to

each claimant. The Tribunal has not awarded any amount towards

loss of estate, whereas it should be Rs. 15,000/-. So, the

judgment of the Tribunal is modified to the extent as under:-

                                       (6 of 7)                       [CMA-2360/2016]




Total income for skilled labour on the                100 X 30=Rs.3,000/-
basis of minimum wages prevailed
at the relevant point of time
(monthly)
             Annual Income                         3,000X12=Rs. 36,000/-
According to the age of the                      36,000X15= Rs.5,40,000/-
deceased i.e. 40 years, Multiplier
15 to be applied
Since the claimant No.2-Rajaram                       5,40,000-1,35,000=
was    a   major    person   and                         Rs.4,05,000/-
deceased had 6 dependents,
therefore 1/4th income is to be
deducted     towards     personal
expenses of the deceased
 As per age of the deceased, 25%                   4,05,000+1,01,250=Rs.
towards future prospects(+)                              5,06,250/-
Loss of consortium to claimant
No.1 (40,000X1) Love & Affection                          Rs. 2,80,000/-
to each claimant Nos.2 to 7 (+)
(Rs.40,000 X5)
            Loss of Estate(+)
                                                            Rs.15,000/-

        Funeral expenses(+)
                                                            Rs. 15,000/-

                  Total
                                                          Rs.8,16,250/-
     Less amount awarded by the
              Tribunal                                    Rs.6,48,200/-

        Enhanced Amount of
           compensation                               8,16,250-6,48,200=

                                                          Rs.1,68,050/-

8.    The    claimants    are     entitled       to   get     a   further   sum   of

Rs.1,68,050/- as compensation. The Insurance Company is

directed to deposit enhanced amount of Rs.1,68,050/- (8,16,250-

6,48,200) 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

(7 of 7) [CMA-2360/2016]

annum from the date of filing of claim petition till the actual

payment is made.

9. The Tribunal has also committed an error in not giving

recovery rights to the Insurance Company from the owner and

driver of the offending vehicle because the owner and driver failed