Rajasthan High Court

Universal Sompo Gen Insurance Co Ltd vs Chandu Singh And Ors on 22 March, 2024

Author: Narendra Singh Dhaddha

Bench: Narendra Singh Dhaddha

[2024:RJ-JP:14362]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 1559/2017

Universal Sompo General Insurance Company Limited, Having
Its Corporate Office, El-94, Ttc Industrial Area, Midc, Mahape,
Navi Mumbai, Through Legal Manager.
                                                                     ----Appellant
                                     Versus
1.       Chandu Singh S/o Shri Bhoora Singh Rawat40, R/o
         Devriya, Tehsil- Bhinai, District- Ajmer, Rajasthan.
2.       Choti Devi W/o Chandu Singh, R/o Devriya, Tehsil- Bhinai,
         District- Ajmer, Rajasthan.
3.       Mamraj S/o Shri Arjun, R/o Ward No. -7, Dasawali,
         Kotputali, District Jaiur Ruaral, Jaipur.
4.       Dataram S/o Shrivlal, R/o Ward No.- 25, Dhani Godawali,
         Kotputali, District Jaipur Ruaral, Jaipur.
5.       Satnarayan S/o Hanuman Prasad Saini, R/o Ward No.
         -25, Mo. Bhuchaheda, Kasba - Kotputali, District Jaipur
         Rural Jaipur.
                                                                  ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No. 1744/2017 Chhoti Devi W/o Chandu Singh, R/o Devariya, Tehsil Bhinai, District Ajmer Raj.

----Appellant Versus

1. Mamraj S/o Shri Arjun, R/o Ward No. 7, Dasawali, Kotputli, District Jaipur Gramin, Driver- Vehicle No. Rj 21 Ga 1832

2. Data Ram S/o Shri Shiv Lal, R/o Ward No. 25, Dhani Godawali, Kotputali, District Jaipur Gramin Power Of Attorney Holder- Vehicle No. Rj 21 Ga 1832

3. Satya Narayan S/o Hanuman Prasad Saini, R/o Ward No. 256, Moh. Buchaheda Kasba, Kotputli, District Jaipur Gramin, Registered Owner- Vehicle No. Rj 21 Ga 1832

4. Universal Sompo General Insurance Company Limited, Insurance Company- Vehicle No. Rj 21 Ga 1832 Dated 28.03.2012 To 27.03.2012 Mid Night

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5. Chandu Singh S/o Shri Bhoora Singh Rawat, R/o Tehsil Bhinai, District Ajmer Raj. Died

----Respondents

For Appellant(s) : Mr. Ritesh Jain, Adv. with Dr. Ramdeo Arya, Adv. for Insurance Company Mr. R. R. Chaudhary, Adv. for claimant in S.B. Civil Miscellaneous Appeal No.

For Respondent(s) : Mr. Sunil Jain, Adv. for claimants in

Mr. Rakesh Bhargava for dirver, owner and power of attorney holder

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment DATE OF JUDGMENT 22/03/2024

The instant appeals have arisen out of the judgment and

award dated 16.01.2017 passed by the Motor Accident Claims

Tribunal, Kekdi, Ajmer (for short 'the Tribunal') in Claim Case

No.126/2013 titled as "Chandu Singh & Anr. Vs. Mamraj & Ors.",

whereby the Tribunal while partly allowing the claim petition, has

awarded a sum of Rs.8,09,908/- along with interest @ 6% per

annum from the date of filing of the claim petition as

compensation in favour of the claimants.

CMA No.1559/2017 has been filed by the Insurance

Company challenging the judgment & award passed by the

Tribunal on the various grounds, whereas CMA No.1744/2017 has

been filed by the claimants seeking enhancement of compensation

awarded by the Tribunal.

S.B. Civil Miscellaneous Appeal No. 1559/2017:-Learned

counsel for the Insurance Company submits that judgment of the

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Tribunal is not inconsonance with the evidence led by the parties.

Learned counsel for the Insurance Company also submits that it is

clear case that the FIR was lodged after inordinate delay only just

to prepare a false case against insured vehicle to get the amount

of compensation. Rojnamcha report (Ex.D-1) dated 26.03.2013

clearly mentioned that accident took place due to slip of

motorcycle as a result of which the deceased sustained multiple

injuries. Learned counsel for the Insurance Company also submits

that the Tribunal had committed error in applying multiplier of 17,

whereas as per the average age of the parents of the deceased,

multiplier of 14 should be applied. Learned counsel for the

Insurance Company also submits that the Tribunal had committed

error in awarding 50% amount towards future prospects and also

committed error in granting Rs.20,000/- towards funeral

expenses. So, judgment and award of the Tribunal be modified

accordingly.

S.B. Civil Miscellaneous Appeal No. 1744/2017:-Learned

counsel for the claimants submits that the Tribunal wrongly

considered the income of the deceased as Rs.4836/- per month.

Deceased was earning Rs.10,000/- per month by way of

agriculture. So, income of the deceased be calculated as

Rs.10,000/- 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.186/- per day. Thus, the income of the claimants

comes to Rs.5580/- per month. Learned counsel for the claimants

also submits that the Tribunal had erred in granting only an

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amount of Rs.50,000/- in toto towards love and affection, whereas

it should be Rs.40,000/- for each claimant. So, judgment 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 the Tribunal had committed

error in assessing the income of the deceased as Rs.4836/-,

whereas on the basis of minimum wages prevalent at the relevant

point of time it should be Rs.186/- per day which comes to

Rs.5580/- per month. The Tribunal also committed error in

granting 50% towards future prospects of the deceased's income.

Since, the deceased was an unmarried boy whose age was

between 26-30 years, claimants are entitled to get 40% towards

future prospects. The Tribunal also committed error in granting

Rs.50,000/- towards love and affection, whereas it should be

Rs.40,000/- for each claimant. The Tribunal had committed error

in granting the amount of Rs.20,000/- 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.186 X30 =5580/-

           Annual Income                        Rs.5580 X 12 = 66,960/-
   According to the age of the              Rs.66,960 X 17 =11,38,320/-
    deceased between 26-30
  years, Multiplier of 17 shall be
              applied
     1/2 is to be deducted for            Rs.11,38,320 X 1/2=5,69,160/-
     personal expenses of the
             deceased
          Future Prospects                  Rs.5,69,160 X 40% =2,27,664



                                    [2024:RJ-JP:14362]                         (5 of 5)                      [CMA-1559/2017]


                                    (40% of the deceased' income)                         (Rs.5,69,160 + 2,27,664
                                                                                                =7,96,824/-
                                              Love and Affection
                                                (40,000 X 2)                                       Rs.80,000/-

                                              Funeral Expenses
                                                                                                   Rs.15,000/-
                                                      Total
                                                                                                 Rs.8,91,824/-
                                      Less amount awarded by the
                                               Tribunal                                          Rs.8,09,908/-

                                            Enhanced Amount of
                                               compensation                              Rs.8,91,824 - Rs.8,09,908=

                                                                                                   Rs.81,916/-

Since, the claimant-Chandu Singh has died during the

pendency of appeal, the claimant-Chhoti Devi is entitled to get a

further sum of Rs.81,916/- as compensation. The Insurance

Company is directed to deposit enhanced amount of Rs.81,916/-

(Rs.8,91,824/- - Rs.8,09,908/-) 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 claimant-Chhoti Devi

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, appeals filed by the Insurance Company as well

as the claimants are partly allowed as indicated above.