Rajasthan High Court
Megha Bansal W/O Late Shri Rahul Bansal vs Kailash S/O Bhappu Gurjar on 2 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:20317]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1941/2024
1. Megha Bansal W/o Late Shri Rahul Bansal, Aged About 34
Years, (Wife Of Deceased) R/o House No. 2-Kh-9,
Manumarg Housing Board, Ward No.24, Alwar
(Rajasthan)
2. Kumari Himanshi Bansal D/o Late Shri Rahul Bansal, Aged
About 9 Years, (Daughter Of Deceased) R/o House No. 2-
Kh-9, Manumarg Housing Board, Ward No.24, Alwar
(Rajasthan) Minor Through Her Mother And Natural
Guardian Megha Bansal.
----Appellants
Versus
1. Kailash S/o Bhappu Gurjar, R/o Village Bhawli, Post
Khesti, Tehsil Nagar, District Bharatpur, (Rajasthan) Driver
Of Vehicle Motorcycle No. Rj-02-Ls-5458)
2. Mudeen S/o Hobla Khan, R/o Village Karoli, Tehsil And
District Alwar (Rajasthan) (Owner Of Vehicle Motorcycle
No. Rj-02-Ls-5458)
3. The New India Assurance Company Ltd., Divisional Office
At Dreem Building, First Floor, Opposite Government Child
Hospital, Near Bijli Ghar Chauraha, Alwar (Raj.) (Insurer
Of Vehicle Motorcycle No. Rj-02-Ls-5458) Insurance Policy
No. 330605311601000001727, Policy Period From
19.10.2016 To 18.10.2017
4. Gomti Devi W/o Ramavatar Bansal, Aged About 64 Years,
(Mother Of Deceased), R/o House No. 2-Kh-9, Manumarg
Housing Board, Ward No. 24, Alwar (Rajasthan)
5. Ramavtar Bansal S/o Rameshwar Bansal, Aged About 65
Years, (Father Of Deceased), R/o House No. 2-Kh-9,
Manumarg Housing Board, Ward No. 24, Alwar
(Rajasthan)
----Respondents
For Appellant(s) : Mr. Ritesh Jain, Adv.
For Respondent(s) : Mr. Girish Khandelwal, Adv. for
respondent Nos. 4 and 5.
[2024:RJ-JP:20317] (2 of 3) [CMA-1941/2024]
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 02/05/2024
The present appeal under Section 173 of the Motor Vehicles
Act, 1988 has been preferred by the claimants-appellants (for
short 'the claimants') for modification of the judgment and award
dated 30.11.2023 passed by the Motor Accident Claims Tribunal,
Alwar (for short 'the Tribunal') in Claim Case No.195/2017,
whereby the Tribunal has awarded a sum of Rs.70,78,216/- along
with interest @ 6% per annum from the date of filing the claim
petition as compensation in favour of the claimants and
respondents No. 4 and 5.
Learned counsel for the claimants submits that he does not
want to pursue any relief regarding the enhancement of the
awarded amount. Learned counsel for the claimants further
submits that the Tribunal has committed an error in granting 30%
of the amount of compensation to the claimants and 70% of the
amount of compensation to respondent Nos. 4 and 5. Learned
counsel for the claimants further submits that the claimant No. 1
is deceased's wife and claimant No. 2 is deceased's daughter. So,
they are entitled to get 100% amount of compensation in their
favour. Alternatively, learned counsel for the claimants also
submits that if 100% of the award amount is not given to the
claimants, then 50% of the award amount may be given to them.
Learned counsel for the respondent Nos. 4 and 5 has
opposed the arguments advanced by learned counsel for the
claimants and submitted the Tribunal has rightly distributed 30%
to the claimants and 70% to the respondent Nos. 4 and 5. So,
[2024:RJ-JP:20317] (3 of 3) [CMA-1941/2024]
judgment and award of the Tribunal does not require any
modification. So, the appeal may be dismissed.
I have considered the arguments advanced by learned
counsel for the claimants as well as learned counsel for the
respondent Nos. 4 and 5.
It is an admitted position that the claimants are wife and
daughter of the deceased. The Tribunal, while distributing the
amount of compensation, has awarded 30% to the claimants and
70% to the respondent Nos. 4 and 5. In my considered opinion,
the claimants as well as respondent Nos. 4 and 5 are entitled to
get amount of compensation in equal share i.e. 50%-50%. So,
judgment and award of the Tribunal deserves to be modified.
In view of above, appeal filed by the claimants is partly
allowed. The judgment and award dated 30.11.2023, passed by
the Tribunal, is modified to the extent that the claimants as well as
respondent Nos. 4 and 5 are entitled to get equal amount of
compensation i.e. the claimants shall get 50% of the amount of
compensation and respondent Nos. 4 and 5 shall get 50% of the
amount of compensation.
Pending application(s), if any, stands disposed of.
(NARENDRA SINGH DHADDHA),J
Gourav/Tahir/405
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