Rajasthan High Court
Smt. Pooja Devi W/O Late Shri Praveen ... vs United India Insurance Company Ltd on 3 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:20784]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 978/2023
1. Smt. Pooja Devi W/o Late Shri Praveen Aswal, Aged
About 28 Years, R/o Khatiko Ka Mohalla, Manoharpur,
Tehsil Shahpura, District Jaipur, Rajasthan.
2. Nikhi S/o Late Shri Praveen Aswal, Aged About 10 Years,
Are Minor Through Her Natural Guardian Mother Pooja
Devi W/o Late Shri Praveen Aswal R/o Khatiko Ka
Mohalla, Manoharpur, Tehsil Shahpura, District Jaipur,
Rajasthan.
3. Kanika D/o Late Shri Praveen Aswal, Aged About 8 Years,
Minor Through Her Natural Guardian Mother Pooja Devi
W/o Late Shri Praveen Aswal R/o Khatiko Ka Mohalla,
Manoharpur, Tehsil Shahpura, District Jaipur, Rajasthan.
4. Anjali D/o Late Shri Praveen Aswal, Aged About 6 Years,
Minor Through Her Natural Guardian Mother Poja Devi
W/o Late Shri Praveen Aswal R/o Khatiko Ka Mohalla,
Manoharpur, Tehsil Shahpura, District Jaipur, Rajasthan.
5. Chhagan Lal @ Chhigan Lal S/o Shri Bheru Sahay, Aged
About 69 Years, R/o Khatiko Ka Mohalla, Manoharpur,
Tehsil Shahpura, District Jaipur, Rajasthan.
----Appellants
Versus
1. United India Insurance Company Ltd., Through Regional
Manager, Regional Office, Transport Nagar, Jaipur,
Rajasthan.(Insurance Company Of Vehicle Trailer No. Rj-
52-Ga-3924, Effective From 21.12.2018)
2. Mangal Singh S/o Shri Sonaram, R/o Kapuria Ki Dhani
Tan, Rajpura, Tehsil Shahpura, District Jaipur, Rajasthan.
(Owner Of Vehicle Trailer No. Rj-52-Ga-3924).
3. Rameshwar Prasad S/o Shri Harphool, R/o Kalyanpura
Khurd, Tehsil Kotputli, District Jaipur, Rajasthan.(Driver Of
Vehicle Trailer No. Rj-52-Ga-3924)
----Respondents
For Appellant(s) : Mr. Santosh Kumar Soni, Adv.
For Respondent(s) : None
[2024:RJ-JP:20784] (2 of 4) [CMA-978/2023]
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 27.01.2023 passed by the Motor Accident Claims Tribunal
No.1, Kotputli, District Jaipur (for short 'The Tribunal') in Claim
Case No.80/2019 titled as "Smt. Pooja Devi & Ors. Vs. United
India Insurance Company Ltd. & Ors.", whereby the Tribunal has
awarded a sum of Rs.14,44,106/- along with interest @ 6% per
annum from the date of filing the claim petition as compensation
in favour of the claimants.
Learned counsel for the claimants submits that Tribunal has
wrongly assessed the income of the deceased as Rs.6,390/- per
month. Learned counsel for the claimants further submits that the
deceased was working as labour at Rohit Steel Shop and earning
Rs.15,000 per month. So, income of the deceased be considered
as Rs.15,000/- per month. Learned counsel for the claimants
further submits that the Tribunal has awarded a very meager lump
sum amount of Rs.40,000/- towards loss of consortium to
claimant No.1, whereas it should be Rs.40,000/- towards loss of
consortium and love and affection for each claimant. So, the
judgment and award of the Tribunal may be modified accordingly.
Despite service of notice, none has appeared on behalf of
Insurance Company.
[2024:RJ-JP:20784] (3 of 4) [CMA-978/2023]
I have considered the arguments advanced by the learned
counsel for the claimants and perused the impugned judgment
and award dated 27.01.2023.
It is an admitted position that the claimants failed to adduce
any cogent evidence that deceased was earning Rs.15,000/- per
month. So, in my considered opinion, the Tribunal has rightly
calculated the income of the deceased on the basis of minimum
wages prevalent at the relevant point of time i.e., Rs.213/- per
day. Learned counsel for the claimants further submits that the
Tribunal has also committed an error in granting very meager
lump sum amount of Rs.40,000/- towards loss of consortium to
claimant No.1, whereas it should be Rs.40,000/- towards loss of
consortium and love and affection for each claimant. So, the
judgment of the Tribunal is modified to the extent as under:-
Monthly Income Rs.213 X 30=6390/-
Annual Income Rs.6390 X 12 =76,680/-
According to the age of the Rs. 76,680 X 16 =12,26,880/-
deceased i.e. 32 years,
multiplier 16 to be applied
Add 40% towards future Rs. 12,26,880 X 40%=4,90,752/-
prospects (+) (12,26,880+4,90,752=17,17,632/-
1/4 income to be deducted Rs.17,17,632 X1/4=4,29,408/-
for personal expenses of the (Rs.17,17,632-4,29,408=12,88,224/-
deceased(-)
Loss of Consortium and Love Rs.2,00,000/-
& Affection (40,000 X 5)
Funeral Expenses Rs.15,000/-
Loss of Estate Rs.15,000/-
Total Rs.15,18,224/-
Less amount awarded by the Rs.14,44,106 /-
Tribunal
Enhanced Amount of Rs.15,18,224/- - Rs.14,44,106 /-
Compensation =Rs.74,118/-
[2024:RJ-JP:20784] (4 of 4) [CMA-978/2023]
In view of the above, the claimants are entitled to get a
further sum of Rs.74,118/- as compensation. Insurance Company
is directed to deposit enhanced amount of Rs.74,118/-- 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 withdrawn the same. The enhanced
amount shall carry 6% interest from the date of filing of claim
petition till the actual payment is made.
Consequently, the appeal 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
AVINASH GULERIA /175
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