Rajasthan High Court
Mohandai W/O Shri Chiddi Singh vs Ramniwas S/O Shri Maharaj Singh on 21 March, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:14115]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3757/2018
1. Mohandai W/o Shri Chiddi Singh, Aged About 51 Years,
By Caste Jat, R/o Village Nagla Mai, Thana Nadbai,
District Bharatpur.
2. Chiddi Singh S/o Late Shri Madan Singh, Aged About 53
Years, By Caste Jat, R/o Village Nagla Mai, Thana Nadbai,
District Bharatpur.
3. Yatendra S/o Late Shri Rajveer Singh, Aged About 10
Years, By Caste Jat, R/o Village Nagla Mai, Thana Nadbai,
District Bharatpur.
4. Jatin S/o Rajveer Singh, Aged About 7 Years, Appellant
No. 3 Or 4 Are Minor Through Guardian Claiments Smt.
Mohandai W/o Shri Chiddi Singh, By Caste Jat, R/o Village
Nagla Mai, Thana Nadbai, District Bharatpur.
----Appellants
Versus
1. Ramniwas S/o Shri Maharaj Singh, Aged About 38 Years,
By Caste Gurjar, R/o Tyohari Thana Weir District
Bharatpur (Raj.) (Owner Of Vehicle Marshal No. Rj05/c-
2604)
2. Manggu Singh S/o Shri Kishanlal, By Caste Gurjar, R/o
Tyohari Thana Weir District Bharatpur (Raj.) (Driver Of
Vehicle Marshal No. Rj05/c-2604)
3. United India Insurance Company Ltd., Through Branch
Manager, United India Insurance Company Ltd., Branch
Office Exibition Road Kumher Gate Bharatpur (Insurer).
----Respondents
For Appellant(s) : Mr. J. K. Moolchandani, Adv.
For Respondent(s) : Mr. Rishipal Agarwal, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 21/03/2024
[2024:RJ-JP:14115] (2 of 4) [CMA-3757/2018]
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 10.04.2018 passed by the Motor Accident Claims Tribunal,
Bharatpur (for short 'the Tribunal') in Claim Case No.936/2016,
whereby the Tribunal has awarded a sum of Rs.9,16,487/- as
compensation along with interest @ 6% per annum from the date
of filing the claim petition and in the event payment is not made
within three months from the date of judgment, the amount of
compensation shall carry interest @ 9% per annum in favour of
the claimants.
Learned counsel for the claimants submits that the Tribunal
had erred in considering the income of the deceased as Rs.4316/-.
Deceased was earning Rs.8000/-per month. Alternatively, learned
counsel for the claimants submits that income of the deceased be
calculated on the basis of minimum wages prevalent at the
relevant point of time i.e. Rs.197/- per day. Thus, the income of
the claimant comes to Rs.5910/- per month. Learned counsel for
the claimants also submits that the Tribunal had not awarded any
amount towards love and affection, whereas it should be
Rs.40,000/- for each claimant. 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 considered the income of the
deceased. The Tribunal had wrongly deducted 1/4th amount
towards personal expenses of the deceased's income. Mother-in-
law and father-in-law are not dependent upon deceased. So,
[2024:RJ-JP:14115] (3 of 4) [CMA-3757/2018]
personal expenses of the deceased be deducted 1/3rd amount.
So, appeal be dismissed.
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 the Tribunal erred in
considering the income of the deceased as Rs.4316/-, whereas it
should be Rs.197/- per day on the basis of minimum wages
prevalent at the relevant point of time but the Tribunal had
wrongly deducted 1/4th amount towards personal expenses of the
deceased's income. Mother-in-law and father-in-law are not
dependent upon deceased. So, personal expenses of the deceased
be deducted 1/3rd amount. The Tribunal had not awarded any
amount towards love and affection, whereas it should be
Rs.40,000/- for each claimant Nos.3 and 4. So, the judgment of
the Tribunal is modified to the extent as under:-
Monthly income 197 X 30 =5910/-
Annual Income Rs.5910 X 12 =70,920/-
According to the age of the Rs.70,920 X 17 =12,05,640/-
deceased i.e. 28 years,
Multiplier of 17 shall be applied
1/3 is to be deducted for Rs.12,05,640/-1/3=4,01,880/-
personal expenses of the (12,05,640-4,01,880=8,03,760
deceased
Future Prospects Rs.8,03,760 X 40%
(40% of the claimant's income) =3,21,504/-
(Rs.8,03,760 + 3,21,504
=11,25,264/-
Love and Affection
(40,000 X 2) Rs.80,000/-
Loss of Estate
Rs.15,000/-
[2024:RJ-JP:14115] (4 of 4) [CMA-3757/2018]
Funeral Expenses
Rs.15,000/-
Total
Rs.12,35,264/-
Less amount awarded by the
Tribunal Rs.9,16,487/-
Enhanced Amount of
compensation Rs.12,35,264/- - Rs.9,16,487/-
= Rs.3,18,777/-
The claimants are entitled to get a further sum of
Rs.3,18,777/- as compensation. The Insurance Company is
directed to deposit enhanced amount of Rs.3,18,777/-
(Rs.12,35,264/- - Rs.9,16,487/-) 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 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 /Tahir/30
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