Rajasthan High Court

Universal Sompo General Insurance Co. ... vs Babulal Panchal S/O Suwalal Panchal on 6 May, 2024

Author: Narendra Singh Dhaddha

Bench: Narendra Singh Dhaddha

[2024:RJ-JP:20989]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 3207/2022
Universal Sompo General Insurance Co. Ltd., Through Branch
Manager, Branch Office, 29-B, White Sapphire Apartments
Govind Marg, Adarsh Nagar, Jaipur (Raj.) And Unit No. 401, 4Th
Floor, Sangam Complex, 127, Andheri Kurla Road, Andheri
(East), Mumbai, Through Its Constituted Attorney (Insurance
Company Of Swift Car No. Rj-41-Ta-0643).
                                                                    ----Appellant
                                    Versus
1.       Babulal Panchal S/o Suwalal Panchal, Aged About 50
         Years, (Father Of Deceased), R/o Village Bhanpur Kalan,
         Tehsil Jamwaramgarh, District Jaipur.
2.       Smt. Patasi Devi W/o Babulal, Aged About 47 Years,
         (Mother Of Deceased), R/o Village Bhanpur Kalan, Tehsil
         Jamwaramgarh, District Jaipur.
3.       Kumari Suman D/o Babulal Panchal, Aged About 26
         Years, (Sister Of Deceased), R/o Village Bhanpur Kalan,
         Tehsil Jamwaramgarh, District Jaipur.
4.       Gautam Panchal S/o Babulal Panchal, Aged About 24
         Years, (Brother Of Deceased), R/o Village Bhanpur Kalan,
         Tehsil Jamwaramgarh, District Jaipur.
5.       Kumari Guddi D/o Babulal Panchal, Aged About 22 Years,
         (Sister Of Deceased), R/o Village Bhanpur Kalan, Tehsil
         Jamwaramgarh, District Jaipur.
6.       Nawab S/o Allabeli, R/o Nahari Ka Naka, Shastri Nagar,
         Jaipur City, Jaipur. (Driver Of Swift Car No. Rj-41-Ta-
         0643).
7.       Mahesh Bagoria S/o Late Shri Munisagar Bagoria, R/o
         Ward No. 20, Behind Gayatri Mandir, Radhabag Colony,
         Tehsil Chomu, District, Jaipur. (Registered Owner Of Swift
         Car No. Rj-41-Ta-0643).
                                                                 ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No. 584/2023

1. Babulal Panchal S/o Suwalal Panchal, Aged About 50 Years, (Father Of Deceased).r/o Village Bhanpur Kalan, Tehsil Jamwaramgarh, District Jaipur.

2. Smt. Patasi Devi W/o Babulal, Aged About 47 Years, (Mother Of Deceased).r/o Village Bhanpur Kalan, Tehsil Jamwaramgarh, District Jaipur.

3. Kumari Suman D/o Babulal Panchal, Aged About 26 Years, (Sister Of Deceased).r/o Village Bhanpur Kalan, Tehsil Jamwaramgarh, District Jaipur.

4. Gautam Panchal S/o Babulal Panchal, Aged About 24 Years, (Brother Of Deceased).r/o Village Bhanpur Kalan, Tehsil Jamwaramgarh, District Jaipur.

[2024:RJ-JP:20989] (2 of 5) [CMA-3207/2022]

5. Kumari Guddi D/o Babulal Panchal, Aged About 22 Years, (Sister Of Deceased).r/o Village Bhanpur Kalan, Tehsil Jamwaramgarh, District Jaipur.

----Appellants Versus

1. Nawab S/o Allabeli, R/o Nahari Ka Naka, Shastri Nagar, Jaipur City, Jaipur. (Driver Of Swift Car No. Rj-41-Ta- 0643).

2. Mahesh Bagoria S/o Late Shri Munisagar Bagoria, R/o Ward No. 20, Behind Gayatri Mandir, Radhabag Colony, Tehsil Chomu, District Jaipur. (Registered Owner Of Swift Car No. Rj-41-Ta-0643).

3. Universal Sompo General Insruance Co. Ltd., Through Branch Manager, Branch Office, 29-B, White Sapphire Apartments Govind Marg, Adarsh Nagar, Jaipur (Raj.) (Insurance Company Of Swift Car No. Rj-41-Ta-0643, Effective From 26-03-2018 To 25-03-2019 , Policy No. 2314/58318026/00/000).

----Respondents

For Appellant(s) : Mr. Santosh Kumar Soni, Adv. for claimants For Respondent(s) : Mr. Virendra Agarwal, Adv. for Insurance Company

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

Date Of Judgment 06/05/2024

1. The instant appeals have arisen out of the judgment and

award dated 05.08.2022 passed by the Motor Accident Claims

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

Case No.137/2018, titled as "Babulal Panchal & Ors. Vs. Nawab &

Ors.", whereby the Tribunal while partly allowing the claim

petition, has awarded a sum of Rs.14,23,803/- 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').

[2024:RJ-JP:20989] (3 of 5) [CMA-3207/2022]

2. CMA No.3207/2022 has been filed by the Universal Sompo

General Insurance Company Limited (for short 'the Insurance

Company') challenging the judgment & award passed by the

Tribunal on the various grounds, whereas CMA No.584/2023 has

been filed by the claimants seeking enhancement of compensation

awarded by the Tribunal.

3. CMA No.3207/2022-Learned counsel for the insurance

company submits that the Tribunal has wrongly deducted 1/4th

amount from the income of the deceased as his personal expenses

because the claimant Nos.3 to 5 are not dependent on the

deceased, so it should be 1/2th of the deceased's income. Learned

counsel for the insurance company also submits that the Tribunal

has awarded lump sum amount of Rs.50,000/- towards love &

affection and funeral expenses etc, whereas it should be

Rs.30,000/-. So, judgment and award of the Tribunal may be

modified accordingly.

4. Learned counsel for the claimants in CMA No.584/2023 has

opposed the arguments advanced by learned counsel for the

insurance company and submits that the Tribunal has wrongly

assessed the income of the deceased as Rs.233/- per day on the

basis of minimum wages prevailing at the relevant point of time

for skilled labour. Learned counsel for the claimants further

submits that the deceased was earning Rs. 15,000/- per month by

doing Photography. So, income of the deceased be calculated as

Rs. 15,000/- per month. Alternatively, learned counsel for the

claimants also submits that the Tribunal has awarded minimum

wages i.e. Rs. 233/- per day for 26 days only whereas it should be

for 30 days. Learned counsel for the claimants further submits

[2024:RJ-JP:20989] (4 of 5) [CMA-3207/2022]

that the Tribunal has awarded very meagre lump sum amount of

Rs.50,000/- towards love & affection and funeral expenses etc.,

whereas it should be Rs.40,000/- towards love & affection each

claimant. So, judgment and award of the Tribunal may be modified

accordingly.

5. I have considered the arguments advanced by learned

counsel for the parties.

6. It is an admitted position that the claimants failed to adduce

any cogent evidence that the deceased was earning Rs.15,000/-

per month. So, in my considered opinion, the Tribunal has rightly

assessed the income of the deceased as Rs.233/- per day on the

basis of minimum wages prevailing at the relevant point of time

for skilled labour but the Tribunal has wrongly considered the

income of the deceased for 26 days only, whereas it should be for

30 days. The Tribunal has wrongly deducted 1/4th amount from

the income of the deceased towards his personal expenses,

whereas it should be 1/2th because the claimant Nos.3 to 5 are

not dependent of the deceased. The Tribunal has awarded very

meagre lump sum amount of Rs.50,000/- towards love and

affection, funeral expenses etc., whereas it should be Rs.40,000/-

towards love & affection to each claimant and Rs.15,000/- towards

funeral expenses and Rs.15,000/- towards loss of estate. So,

judgment and award of the Tribunal is modified to the extent as

under:-

          Monthly Income                          233 X30=Rs. 6,990/-
           Annual Income                         6990X12=Rs.83,880/-
 Since the deceased was 24                  83,880 X18= Rs.15,09,840/-
 years old, multiplier of 18 be
 applied


                                    [2024:RJ-JP:20989]                    (5 of 5)                     [CMA-3207/2022]


                                    Since, the claimant Nos.3 to 5                    15,09,840-7,54,920=
                                    are not dependent, 1/2th                              Rs.7,54,920/-
                                    income is to be deducted
                                    towards personal expenses of
                                    the deceased
                                    According to the age of the                        7,54,920+3,01,968
                                    deceased i.e. 24 years, add                         =Rs.10,56,888/-
                                    40% towards future prospects
                                    (+) (5,40,000 +40%
                                            Funeral expenses(+)
                                                                                             Rs. 15,000/-
                                                Loss Of Estate
                                                                                             Rs.15,000/-
                                    Loss of Love & Affection to
                                    claimants (Rs.40,000X5) (+)                             Rs.2,00,000/-

                                           Amount of compensation
                                         receivable by the claimants                       Rs.12,86,888/-

7. Hence, the award passed by the Tribunal is modified and the

claimants are held entitled to get an amount of Rs.12,86,888/-

only as compensation and not Rs.14,23,803/- as awarded by the

Tribunal.

8. In the result, appeal filed by the Insurance Company is

allowed, whereas the appeal filed by the claimants is dismissed.

9. Impugned judgment and award is modified accordingly. Rest

part of the impugned judgment shall remain unchanged.

10. Pending application(s), if any, also stand(s) disposed of.

(NARENDRA SINGH DHADDHA),J

Gourav/168 & 172