Rajasthan High Court
The Oriental Insurance Company Ltd vs Smt. Laxmi Kanwar W/O Late Sh. Ranveer ... on 27 March, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:14658]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2083/2022
1. Laxmi Kanwar Wife Of Late Ranveer Singh, Aged About
43 Years, Resident Of Bhinay, Tehsil Bhinay, District
Ajmer.
2. Tejasvni Rathore D/o Late Ranveer Singh, Aged About 22
Years, Resident Of Bhinay, Tehsil Bhinay, District Ajmer.
3. Mohit Singh Rathore S/o Late Ranveer Singh, Aged About
20 Years, Resident Of Bhinay, Tehsil Bhinay, District
Ajmer.
4. Nandini Rathore D/o Late Ranveer Singh, Aged About 18
Years, Resident Of Bhinay, Tehsil Bhinay, District Ajmer.
5. Mitthan Lal Son Of Kalyan Mal, Aged About 67 Years,
Resident Of Bhinay, Tehsil Bhinay, District Ajmer.
6. Badam Kanwar Wife Of Mitthan Lal, Aged About 65 Years,
Resident Of Bhinay, Tehsil Bhinay, District Ajmer.
----Appellants
Versus
1. Durga Lal Son Of Dhanna Lal Gurjar, Resident Of Badhali
Kheda, Post Suwana, District Bhilwara (Driver Hyundai
Car No. Rj-06-Cc-1364)
2. Vijay Soni Son Of Govindram Soni, Resident Of A-519/5,
Adarsh Nagar, Kota Road, Bhilwara, District Bhilwara
(Owner Hyundai Car No. Rj-06-Cc-1364)
3. Oriental Insurance Company Limited, Having Its Division
Office At Ganesh Bhawan, Mahatma Gandhi Marg, Ajmer
Having Its Regional Office At Nbcc Centre, Sahkar Road,
Jaipur Through Its Regional Manager (Insurer Hyundai
Car No. Rj-06-Cc-1364)
----Respondents
Connected With
S.B. Civil Miscellaneous Appeal No. 1438/2022
The Oriental Insurance Company Ltd., Through Its Manager,
Divisional Office, Ganesh Bhawan, Mahatma Gandhi Marg, Ajmer
(Raj.) Having Its Regional Office At Jaipur (Raj.).
----Appellant
Versus
[2024:RJ-JP:14658] (2 of 5) [CMA-2083/2022]
1. Smt. Laxmi Kanwar W/o Late Sh. Ranveer Singh, Aged
About 43 Years, Resident Of Bhinai, Tehsil- Bhinai,
District-Ajmer (Raj.)
2. Tejaswini Rathor D/o Late Sh. Ranveer Singh, Aged About
22 Years, Resident Of Bhinai, Tehsil- Bhinai, District-
Ajmer (Raj.)
3. Mohit Singh Rathor S/o Late Sh. Ranveer Singh, Aged
About 20 Years, Resident Of Bhinai, Tehsil- Bhinai,
District-Ajmer (Raj.)
4. Nandini Rathor D/o Late Sh. Ranveer Singh, Aged About
18 Years, Resident Of Bhinai, Tehsil- Bhinai, District-
Ajmer (Raj.)
5. Mitthanlal S/o Sh. Kalyanmal, Aged About 67 Years,
Resident Of Bhinai, Tehsil- Bhinai, District-Ajmer (Raj.)
6. Smt. Badam Kanwar W/o Sh. Mitthanlal, Aged About 65
Years, Resident Of Bhinai, Tehsil- Bhinai, District-Ajmer
(Raj.)
7. Durga Lal S/o Sh. Dhannalal Gurjar, R/o Bhadalikheda,
Post-Suwana, District Bhilwara (Raj.). (Driver Of Vehicle).
8. Vijay Soni S/o Sh. Govind Ram Soni, R/o A-519/5, Adarsh
Nagar, Kota Road, Bhilwara, District Bhilwara (Raj.).
----Respondents
For Appellant(s) : Mr. Vinay Mathur, Adv. for claimants
For Respondent(s) : Mr. Ajay Kumar Tanenia, Adv. for
Insurance Company
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 27/03/2024
The instant appeals have arisen out of the judgment and
award dated 25.02.2022 passed by the Motor Accident Claims
Tribunal No.1, Kekari, Ajmer (for short 'the Tribunal') in Claim
Case No.49/2017 titled as "Smt. Laxmi Kanwar & Ors. Vs. Durga
Lal & Ors.", whereby the Tribunal while partly allowing the claim
[2024:RJ-JP:14658] (3 of 5) [CMA-2083/2022]
petition, has awarded a sum of Rs.35,76,344/- along with interest
@ 6.5% per annum from the date of filing of the claim petition as
compensation in favour of the claimants.
CMA No.2083/2022 has been filed by the claimants seeking
enhancement of compensation awarded by the Tribunal, whereas
CMA No.1438/2022 has been filed by the Insurance Company
challenging the judgment & award passed by the Tribunal on the
various grounds.
S.B. Civil Miscellaneous Appeal No. 2083/2022:-Learned
counsel for the claimants submits that the Tribunal had
committed an error in assessing the income of the deceased as
Rs.2,67,150/- per annum. As per Income Tax Return (Ex.33), the
deceased's gross income was Rs.2,91,653/- per annum. So,
income of the deceased be calculated as Rs.2,91,653/- per
annum. Learned counsel for the claimants also submits that the
Tribunal had committed error in granting lump sum amount of
Rs.40,000/- towards loss of consortium and love and affection,
whereas it should be Rs.40,000/- for each claimant. So, judgment
and award of the Tribunal be modified accordingly.
S.B. Civil Miscellaneous Appeal No. 1438/2022:-Learned
counsel for the Insurance Company submits that the Tribunal
wrongly considered the income of the deceased as Rs.2,67,150/-,
which is on higher side because claimants had not submitted any
bank accounts details etc. regarding the income of the deceased.
So, income of the deceased be calculated on the basis of minimum
wages prevalent at the relevant point of time. So, judgment and
award of the Tribunal be modified accordingly.
[2024:RJ-JP:14658] (4 of 5) [CMA-2083/2022]
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 claimants during the
evidence exhibited the Income Tax Return of the deceased as
Ex.33 according to which the gross total income of the deceased
was Rs.2,91,653/- in the relevant assessment year. The Tribunal
had committed an error in assessing the income of the deceased
after deduction. So, in my considered opinion, the Tribunal had to
assess the gross income of the deceased as Rs.2,91,653/-. The
Tribunal also committed error in granting lump sum amount of
Rs.40,000/- towards loss of consortium and love and affection,
whereas it should be Rs.40,000/- for each claimant. So, the
judgment of the Tribunal is modified to the extent as under:-
Annual Income Rs.2,91,653/-
According to the age of the Rs.2,91,653/- X 14 =
deceased i.e. 43 years, 40,83,142/-
Multiplier of 14 shall be applied
Since, the deceased had 6 40,83,142/ X1/4=10,20,785.5/-
dependents, 1/4 is to be (round off 10,20,786/-)
deducted for personal expenses (40,83,142 - 10,20,786
of the deceased =30,62,356/-
add 25% towards future 30,62,356X 25%=7,65,589/-
prospects (30,62,356+7,65,589 =
38,27,945/-)
Loss of consortium and love and Rs.2,40,000/-
(40,000 X 6)
Funeral expenses (+)
Rs.15,000/-
Loss of Estate
Rs.15,000/-
Total
Rs.40,97,945/-
[2024:RJ-JP:14658] (5 of 5) [CMA-2083/2022]
Less amount awarded by the
Tribunal Rs.35,76,344/-
Enhanced Amount of
compensation Rs.40,97,945 - Rs.35,76,344/-
= Rs.5,21,601/-
The claimants are entitled to get a further sum of
Rs.5,21,601/- as compensation. The Insurance Company is
directed to deposit enhanced amount of Rs.5,21,601/-
(Rs.40,97,945 - Rs.35,76,344/-) 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
@ 6.5% 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 /141-142
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