Rajasthan High Court
Ali Mohammad And Others vs Rajendra Singh And Others on 20 March, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:13788]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 4773/2016
1. Ali Mohammad S/o Shri Kamruddin, aged 43 years R/o
Pachlehri, Gulpada, Tehsil Nagar, District Bharatpur
2. Roshni D/o Shri Ali Mohammad aged 16 years, minor through
her father Ali Mohammad R/o Pachlehri, Gulpada, Tehsil Nagar,
District Bharatpur
Versus
1. Rajendra Singh s/o Shri Yadram, House No. 522, Rohtak
Road, Haryana
Driver Of Vehicle Truck No. HR 69-1043
2. Shri Balaji Carriers Karmveer S.k.m. Stone, Ballabhgarh Road,
Gurgaon, District Gurgaon Haryana
Owner Of Vehicle Truck No. Hr 69-1043
3. United India Insurance Comapany Ltd., Through Regional
Manager, Regional Office Jaipur
Insurer Company Of Vehicle Truck No. Hr 69-1043
----Respondent
Connected With
S.B. Civil Miscellaneous Appeal No. 5439/2016
United India Insurance Comapany Ltd., Ashok Circle, Alwar
Through Divisional Manager, Insurer Compnay Of Vehicle Truck
Tanker No. Hr 69-1043
----Appellant
Versus
1. Ali Mohammad S/o Shri Kamruddin, R/o Pachlehri,
Gulpada, Tehsil Nagar, District Bharatpur
2. Roshni D/o Shri Ali Mohammad R/o Pachlehri, Gulpada,
Tehsil Nagar, District Bharatpur
3. Rajendra Singh s/o Shri Yadram, House No. 522, Rohtak
Road, Hissar Haryana Driver Of Vehicle Truck Tanker No.
Hr 69-1043
4. Shri Balaji Carriers Karmveer S.k.m. Stone, Ballabhgarh
Road, Gurgaon, District Gurgaon Haryana Owner Of
Vehicle Truck Tanker No. Hr 69-1043
----Respondents
[2024:RJ-JP:13788] (2 of 5) [CMA-4773/2016]
For Appellant(s) : Mr. Sanjay Singhal for
Mr. Manish Gupta for claimants
For Respondent(s) : Mr. V P Mathur for insurance
company
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT :: 20/03/2024
The instant appeals have arisen out of the judgment and
award dated 30.07.2016 passed by the Motor Accident Claims
Tribunal, Alwar (for short 'the Tribunal') in Claim Case
No.12/2012, whereby the Tribunal while partly allowing the claim
petition filed by the claimants, has awarded a sum of
Rs.7,23,000/- along with interest @8 % per annum from the date
of filing of the claim petition as compensation in favour of the
claimant-appellant No.1.
CMA No.4773/2016 has been filed by the appellants-
claimants (for short' the claimants') seeking enhancement of
compensation awarded by the Tribunal whereas CMA
No.5439/2016 has been filed by the United India Insurance
Comapany Ltd. (for short 'the Insurance Company') challenging
the judgment & award passed by the Tribunal on the various
grounds.
CMA No.4773/2016-Learned counsel for the claimants
submits that the Tribunal has wrongly assessed the income of the
deceased as Rs.4,000/- per month without any cogent evidence as
the deceased was working as a tractor mechanic. Learned counsel
for the claimants further submits that the claimants have
categorically proved that income of the deceased was Rs. 8,000/-
[2024:RJ-JP:13788] (3 of 5) [CMA-4773/2016]
per month. So, income of the deceased be calculated as Rs.
8,000/- per month. Learned counsel for the claimants further
submits that the Tribunal has awarded very meager amount under
the head of love and affection whereas it should be Rs. 40,000/-
per person. So, judgment and award of the Tribunal may be
modified accordingly.
Learned counsel for the Insurance Company in CMA
No.5439/2016 has opposed the arguments advanced by learned
counsel for the claimants and submitted that the Tribunal has
wrongly allowed the claim petition filed by the claimants. Learned
counsel for the insurance company further submitted that the
driving license of the driver of the truck was fake and insurance
company submitted the report of the concerned RTO in this
regard. So, the insurance company be exonerated from its liability
to pay the compensation. Learned counsel for the insurance
company further submits that the Tribunal has wrongly granted
50% amount towards future prospects whereas it should be 40%
of the deceased's income. Learned counsel for the insurance
company further submits that the Tribunal has awarded Rs.
25,000/- as funeral expenses whereas it should be Rs. 15,000/-.
So, judgment and award of the Tribunal may be modified
accordingly.
I have considered the arguments advanced by learned
counsel for the parties.
It is an admitted position that the claimants failed to adduce
any cogent evidence that the deceased was earning Rs. 8,000/-
per month. But the Tribunal has wrongly assessed the income of
the deceased as Rs. 4,000/-. As per the version of the claimants,
[2024:RJ-JP:13788] (4 of 5) [CMA-4773/2016]
the deceased was a tractor mechanic and no evidence in rebuttal
thereof was produced by the non-claimants-respondents. Thus, in
my view, the income of the deceased should be considered on the
basis of minimum wages as prescribed for a semi skilled at the
relevant point of time i.e. Rs. 145/- per day. The Tribunal has
granted 50% towards future prospects. As per the age of the
deceased i.e. between 21 to 25 years at the time of accident,
claimant is entitled to get 40% of the deceased's income towards
future prospects. The Tribunal has wrongly awarded Rs. 25,000/-
towards funeral expenses whereas it should be Rs. 15,000/-. The
Tribunal has awarded very meager amount of Rs. 50,000/-
towards love and affection. In my considered opinion, claimants
are entitled to get Rs. 40,000/- each towards filial consortium and
love and affection. So, judgment and award of the Tribunal is
modified to the extent as under:-
Monthly income 145 X 30 = Rs.4,350/-
Annual Income 4,350 X 12= Rs.52,200/-
Since the deceased was 52,200 - 26,100 =26,100/-
unmarried 1/2 is to be deducted
for personal expenses of the
deceased
According to the age of the 26,100 X 18= Rs.4,69,800/-
deceased i.e. between 21 to 25
years, Multiplier of 18 to be
applied
Add 40% towards future 4,69,800+1,87,920=
prospects Rs.6,57,720/-
Loss of filial consortium to Rs.80,000/-
claimant No.1 Rs.40,000/- and
Love and Affection to the
claimant No.2 Rs.40,000
Funeral expenses (+)
15,000/-
[2024:RJ-JP:13788] (5 of 5) [CMA-4773/2016]
Total
Rs.7,52,720/-
Less amount awarded by the
Tribunal Rs.7,23,000/-
Enhanced Amount of
compensation 7,52,720-7,23,000=
Rs.29,720/-
. The claimants are entitled to get a further sum of
Rs.29,720/-(7,52,720-7,23,000) as compensation. The insurance
company is directed to deposit enhanced amount of Rs.29,720/-
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 @ 8% interest per annum from
the date of filing of claim petition till the actual payment is made.
In the result, both the appeals filed by the Insurance
Company as well as the claimants are 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
Ritu/133-134
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