Rajasthan High Court

United India Insurance Co Ltd vs Smt Kani Devi And Ors on 27 March, 2024

Author: Narendra Singh Dhaddha

Bench: Narendra Singh Dhaddha

[2024:RJ-JP:14679]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 6268/2017

United India Insurance Company Ltd., Jaipur Insurance Company
Of Vehicle Jeep No. Rj 14- 1C- 5916 Insurance Cover Note No.
Jr/01/594962 Valid From 19.01.2001 Upto 18.10.2002
                                                                  ----Appellant
                                    Versus
1.       Smt. Kani Devi W/o Sannu @ Babulal, R/o Village Surana,
         Teh. Shahpura, Distt. Jaipur Raj.
2.       Netaram S/o Sannu @ Babulal, R/o Village Surana, Teh.
         Shahpura, Distt. Jaipur Raj.
3.       Kumari Rekha D/o Sannu @ Babulal, R/o Village Surana,
         Teh. Shahpura, Distt. Jaipur Raj.
4.       Kumari Aarti D/o Sannu @ Babulal Is Minor Through
         Natural Guardian Mother Smt. Kani Devi, R/o Village
         Surana, Teh. Shahpura, Distt. Jaipur Raj.
5.       Hemant Kumar S/o Sannu @ Babulal Is Minor Through
         Natural Guardian Mother Smt. Kani Devi, R/o Village
         Surana, Teh. Shahpura, Distt. Jaipur Raj.
6.       Smt. Dhanni Devi W/o Shri Kanaram Deceased During
         Pendency Of Claim Petition
7.       Baluram S/o Shri Kanaram R/o Village Surana, Teh.
         Shahpura, Distt. Jaipur Raj.
8.       Banwari S/o Shri Kanaram R/o Village Surana, Teh.
         Shahpura, Distt. Jaipur Raj.
                                                       Respondents-Claimants

9. Mahesh Kumar S/o Shri Prabhudayal R/o Dudhi Aamloda Via Manoharpura, Teh. Viratnagar, Distt. Jaipur Driver Of Vehicle Jeep No. Rj-14-1C-5916

10. Babulal S/o Shri Nanchuram, R/o Khumbhawas, Teh.

Shahpura, Distt. Jaipur Owner Of Vehicle Jeep No. Rj-14- 1C-5916 Through Power Of Attorney Holder Sitaram S/o Prabhudayal Swami, R/o Dudhi Aamloda Via Manoharpura, Teh. Viratnagar, Distt. Jaipur

---Non-Claimants-Respondents Connected With S.B. Civil Miscellaneous Appeal No. 6795/2017

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1. Smt. Kani Devi W/o Sannu @ Babulal, R/o Village Surana, Teh. Shahpura, Distt. Jaipur Raj.

2. Netaram S/o Sannu @ Babulal, R/o Village Surana, Teh. Shahpura, Distt. Jaipur Raj.

3. Kumari Rekha D/o Sannu @ Babulal, R/o Village Surana, Teh. Shahpura, Distt. Jaipur Raj.

4. Kumari Aarti D/o Sannu @ Babulal Is Minor Through Natural Guardian Mother Smt. Kani Devi, R/o Village Surana, Teh. Shahpura, Distt. Jaipur Raj.

5. Hemant Kumar S/o Sannu @ Babulal Is Minor Through Natural Guardian Mother Smt. Kani Devi, R/o Village Surana, Teh. Shahpura, Distt. Jaipur Raj.

6. Smt. Dhanni Devi W/o Shri Kanaram Deceased During Pendency Of Claim Petition

7. Baluram S/o Shri Kanaram R/o Village Surana, Teh. Shahpura, Distt. Jaipur Raj.

8 Banwari S/o Shri Kanaram R/o Village Surana, Teh. Shahpura, Distt. Jaipur Raj.

----claimants appellants Versus

1. Mahesh Kumar S/o Shri Prabhudayal B/c Swami, R/o Dudhi Aamloda Via Manoharpura, Teh. Viratnagar, Distt. Jaipur Driver Of Vehicle Jeep No. Rj-14-1C-5916

2. Babulal S/o Shri Nanchuram B/c Gurjar, R/o Khumbhawas, Teh. Shahpura, Distt. Jaipur Owner Of Vehicle Jeep No. Rj-14- 1C-5916 Through Power Of Attorney Holder Sitaram S/o Prabhudayal Swami, R/o Dudhi Aamloda Via Manoharpura, Teh. Viratnagar, Distt. Jaipur

3. United India Insurance Company Ltd., Jaipur Insurance Company Of Vehicle Jeep No. Rj 14- 1C- 5916 Insurance Cover Note No. Jr/01/594962 Valid From 19.01.2001 Upto 18.10.2002

---Respondents

For Appellant(s) : Mr. V P Mathur, Adv. for Insurance Company For Respondent(s) : Mr. Rakesh Bhargava, Adv. for claimants

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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 18.09.2017 passed by the Motor Accident Claims

Tribunal Shahpura, District Jaipur (for short 'the Tribunal') in Claim

Case No.94/2002, titled as "Smt. Kani Devi & Ors. Vs. Mahesh

Kumar & Ors.", whereby the Tribunal while partly allowing the

claim petition, has awarded a sum of Rs.4,37,960/- along with

interest @ 9 % per annum from the date of filing the claim

petition as compensation in favour of the claimants-appellants (for

short 'the claimants').

CMA No.6268/2017 has been filed by the United India

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

challenging the judgment & award passed by the Tribunal on the

various grounds, whereas CMA No.6795/2017 has been filed by

the claimants seeking enhancement of compensation awarded by

the Tribunal.

CMA No.6268/2017-Learned counsel for the Insurance

Company submits that the Tribunal has passed the judgment and

award dated 18.09.2017 contrary to the evidence led by the

Insurance Company. Learned counsel for the Insurance Company

further submits earlier this court vide order dated 09.08.2016

while setting aside the judgment and award dated 11.03.2004 qua

issue No.4 remanded the matter to the tribunal to decide the

matter afresh qua aforesaid issue after giving opportunity of

hearing to both the parties. Learned counsel for the Insurance

Company further submits that the Tribunal vide its earlier

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judgment and award dated 11.03.2004 had given recovery rights

to the Insurance Company to recover the amount of compensation

from the non-appellant No.10 (owner of the offending vehicle).

Learned counsel for the Insurance Company further submits that

the Tribunal has wrongly awarded the amount of Rs.1,00,000/- in

favour of the claimant No.1 towards loss of consortium and

Rs.1,00,000/- in favour of the claimant Nos.2 to 5 towards love

and affection. Learned counsel for the Insurance Company further

submits that the Tribunal has awarded amount of Rs.25,000/-

towards funeral expenses which is on higher side, whereas it

should be Rs.15,000/-. So, the judgment and award dated

18.09.2017 passed by the Tribunal be modified accordingly.

Learned counsel for the claimants in CMA No.6795/2017

has opposed the arguments advanced by learned counsel for the

Insurance Company and submitted that the Tribunal while deciding

the issue No.4 afresh pursuant to the order dated 09.08.2016

passed by this court, wrongly assessed the income of deceased as

Rs.2,080/- per month on the basis of minimum wages prevailing

at the relevant point of time for skilled labout. Learned counsel for

the claimants further submits that the deceased was a mason and

earning Rs.4,500/- per month. Alternatively, learned counsel for

the claimants also submits that in the year 1999, minimum wages

of skilled labour were Rs.68/- per day and in the year 2004,

minimum wages of skilled labour were Rs.81/- per day but no

minimum wages was determined for the year 2002. Learned

counsel for the claimants further submits that the accident took

place in the year 2002, so average of minimum wages of skilled

labour between these two years i.e. 1999-2002 comes to Rs. 74.5

[2024:RJ-JP:14679] (5 of 7) [CMA-6268/2017]

per day (round off Rs.75/- per day). So, income of the deceased

may be determined at Rs.75/- per day. He further submits that

the Tribunal has not awarded any amount towards future

prospects, whereas as per age of the deceased i.e. 25 years, it

should be 40% of the income of the deceased. So, the judgment

and award dated 18.09.2017 passed by the Tribunal may be

modified accordingly.

I have considered the arguments advanced by learned

counsel for both the parties.

The Tribunal earlier decided the claim petition vide judgment

and award dated 11.03.2004 which was challenged before this

court by filing S.B. Civil Miscellaneous Appeal No.956/2004.

This court vide order dated 09.08.2016 remanded the matter to

the Tribunal to decide the issue No.4 afresh. So-called accident

took place in the year 2002. As per Gazette Notification dated

11.11.1999 effective from 16.11.1999, minimum wages for skilled

labour were Rs.68/- per day and as per gazette notification dated

20.07.2004 effective from the said date, the minimum wages of

skilled labour were Rs.81/- per day. But in the year 2002, no

minimum wages was determined. So, taking into consideration the

average wages of the skilled labour during the aforesaid two years

i.e. 1999-2002, the minimum wages of the deceased is

determined as Rs.75/- per day. The Tribunal has not awarded any

amount towards future prospects, whereas, as per the age of the

deceased i.e. 25 years, it should be 40% of the income of the

deceased. The Tribunal has wrongly awarded Rs.1,00,000/- in

favour of the claimant No.1 towards loss of consortium and

Rs.1,00,000/- in favour of the claimant Nos.2 to 5 towards love

[2024:RJ-JP:14679] (6 of 7) [CMA-6268/2017]

and affection. So, the judgment of the Tribunal is modified to the

extent as under:-

In the year 1999, minimum 68+81=149/2= 74.5(Round Off wages of skilled labour was Rs.75/- per day) Rs.68 per day and in the year 2004, minimum wages of skilled labour was Rs.81 per day. So, the income of the deceased for the year 2002 is determined Monthly income 75X30= Rs. 2,250/-

            Annual Income                            2250X12= Rs.27,000/-
   According to the age of the                      27,000X18=Rs. 4,86,000/-
     deceased i.e. 25 years,
   Multiplier of 18 to be applied
      Since, there were 5                            4,86,000-1,21,500=Rs.
    dependents, 1/4 is to be                               3,64,500/-
 deducted for personal expenses
        of the deceased
     Add 40% towards future                              3,64,500+1,45,800=
           prospects                                        Rs.5,10,300/-
  Loss of consortium to claimant                             Rs.2,80,000/-
   No.1 Rs.40,000/- and loss of
     Love and Affection to the

 (claimant No.6 died during trial)
   (40,000X 6=2,40,000/-)(+)
        Funeral expenses (+)
                                                                 15,000/-
                 Total
                                                            Rs.8,05,300/-
   Less amount awarded by the
            Tribunal                                        Rs.4,37,960/-

        Enhanced Amount of
           compensation                                  8,05,300-4,37,960=

                                                            Rs.3,67,340/-



      The    claimants       are     entitled       to    get    a   further   sum    of

Rs.3,67,340/-(8,05,300-4,37,960)                     as         compensation.        The

Insurance Company is directed to deposit enhanced amount of

Rs.3,67,340/- with the Tribunal within a period of two months

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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 @ 9%

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, as indicated

above. Impugned judgment and award is modified accordingly.