Rajasthan High Court
Smt. Reshmi Devi W/O Late Chotelal vs Somdutt S/O Manoharlal on 3 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:20761]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 223/2023
1. Smt. Reshmi Devi W/o Late Chotelal, Aged About 77
Years, R/o Kankra Bardodh, Yadav Mohalla, Bardodh,
Tehsil Behror, District Alwar (Rajasthan).
2. Chandraprakash Yadav S/o Late Chotelal, Aged About 48
Years, R/o Kankra Bardodh, Yadav Mohalla, Bardodh,
Tehsil Behror, District Alwar (Rajasthan).
----Appellants
Versus
1. Somdutt S/o Manoharlal, R/o Gurjar Bas, Police Station
Behror, District Alwar (Rajasthan) (Driver Vehicle Car No.
Rj-32-Ca-3497)
2. Khyaliram Gurjar S/o Umrao Singh, R/o Jainpur Bas,
Police Station Behror, District Alwar (Rajasthan) Presently
R/o Amai, Police Station Kotputli, District Jaipur (Rural)
(Registered Owner Of Vehicle Car No. Rj-32-Ca-3497)
3. The New India Insurance Company Limited, Infront Of
Govt. Children Hospital, Near Power House Choraha,
Alwar. (Rajasthan) Through District Manager, Insurance
Company Vehicle Car No. Rj-32-Ca-3497.
----Respondents
For Appellant(s) : Mr. Lokesh Kumar Verma, Adv.
For Respondent(s) : Mr. Amar Nath Pareek, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 03/05/2024
The present appeal under Section 173 of the Motor Vehicles
Act, 1988 has been preferred by the claimants-appellants (for
short 'the claimants') dissatisfied with the judgment and award
dated 10.10.2022 passed by the Motor Accident Claims Tribunal,
Alwar (for short 'The Tribunal') in Case No.107/2020), whereby
[2024:RJ-JP:20761] (2 of 4) [CMA-223/2023]
the Tribunal has awarded a sum of Rs.8,51,219/- along with
interest @ 7.5% per annum from the date of filing the claim
petition as compensation in favour of the claimants.
Learned counsel for the claimants submits that the Tribunal
had wrongly considered the income of the deceased as Rs.5,850/-
per month. Learned counsel for the claimants also submits that
deceased was doing work of agriculture and animal husbandry
and earning Rs.15,000/- per month. So, the income of the
deceased be calculated as Rs.15,000/- per month. Learned
counsel for the claimants submits that the Tribunal has wrongly
considered the income of the deceased for 26 days only, whereas
it should be for 30 days. Learned counsel for the claimants also
submits that the Tribunal had not awarded any amount towards
love and affection. So, each of the claimant is entitled to get
amount of Rs.40,000/- towards love and affection. So, judgment
and award of the Tribunal be modified.
Learned counsel for the Insurance Company has opposed the
arguments advanced by learned counsel for the claimants and
submits that the claimants failed to adduce any cogent evidence
that deceased was earning Rs.15,000/- per month. So, the
Tribunal rightly assessed the income of the deceased as Rs.5850/-
per month. So, judgment of the Tribunal does not require any
interference. So, the present appeal being devoid of merit, is liable
to be dismissed.
I have considered the arguments advanced by learned
counsel for the claimants as well as learned counsel for the
Insurance Company.
[2024:RJ-JP:20761] (3 of 4) [CMA-223/2023]
It is an admitted position that the claimants failed to adduce
any cogent evidence that deceased was earning Rs.15,000/- by
agriculture and animal husbandry. So, in my considered opinion,
the Tribunal rightly assessed the income of the deceased on the
basis of minimum wages prevalent at the relevant point of time
i.e. 225/- per day but the Tribunal has wrongly considered the
income of the deceased for 26 days only, whereas it should be for
30 days. The Tribunal had not awarded any amount towards love
and affection. So, each of the claimant is entitled to get amount of
Rs.40,000/- towards love and affection. So, the judgment of the
Tribunal is modified to the extent as under:-
Monthly income Rs.225X30=6750/-
Annual Income Rs.6750X12=81,000/-
According to the age of the Rs.81,000X16=12,96,000/-
deceased i.e. 35 years,
Multiplier 16 to be applied
As per dependency, 1/2 of the Rs.12,96,000X1/2=6,48,000/-
amount of deceased's income (12,96,000-6,48,000=6,48,000)
to be deducted for personal
expenses(-)
Future Prospects Rs.6,48,000X40%=2,59,200/-
(6,48,000+2,59,200=9,07,200/-
Loss of consortium and love Rs.80,000/-
and affection to claimants
(40,000 X 2)
Funeral expenses
Rs.15,000/-
Loss of Estate
Rs.15,000/-
Medical Bills
Rs.34,979/-
Total
Rs.10,52,179/-
Less amount awarded by the
Tribunal Rs.8,51,219/-
Enhanced Amount of
compensation Rs. 10,52,179 - Rs.8,51,219=
[2024:RJ-JP:20761] (4 of 4) [CMA-223/2023]
Rs.2,00,960/-
The claimants are entitled to get a further sum of
Rs.2,00,960/- as compensation. The Insurance Company is
directed to deposit enhanced amount of Rs.2,00,960/-
(Rs.10,52,179 - Rs.8,51,219/-) 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
@ 7.5% interest per annum from the date of filing of claim
petition till the actual payment is made.
In the result, appeal filed by the 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 /168
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