Rajasthan High Court
Maya Kanwar W/O Ramraj Singh vs Nawab S/O Allabeli on 6 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:20988]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 587/2023
1. Maya Kanwar W/o Ramraj Singh, Aged About 29 Years,
(Mother Of Deceased) R/o Village Bhanpur Kalan Tehsil
Jamwaramgarh, District Jaipur (Raj.).
2. Ramraj Singh S/o Chhotu Singh, Aged About 33 Years,
(Father Of Deceased) R/o Village Bhanpur Kalan Tehsil
Jamwaramgarh, District Jaipur (Raj.).
3. Kumari Samradhi Kanwar @ Sanchita D/o Ramraj Singh,
Aged About 12 Years, Being Minor Through Her Natural
Guardian And Mother Smt . Maya Kanwar W/o Ramraj
Signh.(Sister Of Deceased) R/o Village Bhanpur Kalan
Tehsil Jamwaramgarh, District Jaipur (Raj.).
----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 Alte 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 Insurance 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
Connected With
S.B. Civil Miscellaneous Appeal No. 3213/2022
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
[2024:RJ-JP:20988] (2 of 5) [CMA-587/2023]
Versus
1. Maya Kanwar W/o Ramraj Singh, Aged About 29 Years,
(Mother Of Deceased) R/o Village Bhanpur Kalan, Tehsil
Jamwaramgarh, District Jaipur (Raj.).
2. Ramraj Singh S/o Chhotu Singh, Aged About 33 Years,
(Father Of Deceased) R/o Village Bhanpur Kalan, Tehsil
Jamwaramgarh, District Jaipur (Raj.).
3. Kumari Samradhi Kanwar @ Sanchita D/o Ramraj Singh,
Aged About 12 Years, (Sister Of Deceased), Claimant No.
3 Being Minor Through Her Natural Guardian And Mother
Smt. Maya Kanwar W/o Ramraj Singh. R/o Village
Bhanpur Kalan, Tehsil Jamwaramgarh, District Jaipur
(Raj.).
4. Nawab S/o Allabeli, R/o Nahari Ka Naka, Shastri Nagar,
Jaipur City, Jaipur. (Driver Of Swift Car No. Rj-41-Ta-
0643).
5. 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
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.134/2018, titled as "Maya Kanwar & Ors. Vs. Nawab &
Ors.", whereby the Tribunal while partly allowing the claim
[2024:RJ-JP:20988] (3 of 5) [CMA-587/2023]
petition, has awarded a sum of Rs.8,26,000/- 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').
2. CMA No.587/2023 has been filed by the claimants seeking
enhancement of compensation awarded by the Tribunal whereas
CMA No.3213/2022 has been filed by the Universal Sombo
General Insurance Company Limited (for short 'the Insurance
Company') challenging the judgment & award passed by the
Tribunal on the various grounds.
3. CMA No.587/2023-Learned counsel for the claimants
submits that the Tribunal has erred in considering the income of
the deceased only Rs.30,000/- per annum on the basis of
prevailing scenario, whereas it should be Rs.45,000/- per annum.
Learned counsel for the claimants further submits that The
Tribunal has wrongly awarded very meagre amount i.e. only
Rs.40,000/- under Miscellaneous Heads, whereas it should be Rs.
40,000/- for each claimant towards love and affection. So,
judgment and award of the Tribunal may be modified accordingly.
4. Learned counsel for the claimants has placed reliance upon
the judgment passed by the Co-ordinate Bench of this Court in the
case of Manoj Kumar & Anr. Vs. Deendayal & Ors. in S.B.
Civil Miscellaneous Appeal No.4358/2017 decided on
05.02.2022.
5. Learned counsel for the Insurance Company in CMA
No.3213/2022 has opposed the arguments advanced by learned
counsel for the claimants and submitted that the Tribunal has
wrongly considered the income of the deceased i.e. Rs.30,000/-
[2024:RJ-JP:20988] (4 of 5) [CMA-587/2023]
per annum and granted the compensation amount to the
claimants. It is a settled preposition of Law that if the child is
below 12 years, lump sum amount of Rs. 5,00,000/- be awarded
in favour of the claimants. So, the appeal filed by the claimants be
dismissed.
6. Learned counsel for the Insurance Company has placed
reliance upon the judgment passed by the Hon'ble Supreme Court
in the case of Meena Devi Vs. Nunu Chand Mahto @
Nemchand Mahto & Ors. reported in (2022) 0 AIR (SC)
5006.
7. I have considered the arguments advanced by learned
counsel for the parties.
8. It is an admitted position that the present case relates to a
child, who died at the age of 6 years. The Tribunal has rightly
considered the income of the deceased i.e. Rs.30,000/- but the
Tribunal has granted a very meagre amount i.e. only Rs.40,000/-
under Miscellaneous Heads, whereas it should be Rs. 40,000/-
each claimant towards love and affection. So, judgment and award
of the Tribunal is modified to the extent as under:-
Annual Income Rs.30,000/-
Since the deceased was 6 30,000X18= Rs.5,40,000/-
years of age, multiplier of 18
should be applied according to
the age of her mother i.e. 25
years.
According to the age of the 5,40,000 +2,16,000=Rs.
deceased i.e. 6 years, add 7,56,000/-
40% towards future prospects
(+) (5,40,000 +40%)
Funeral expenses(+)
Rs. 15,000/-
Loss Of Estate
Rs.15,000/-
[2024:RJ-JP:20988] (5 of 5) [CMA-587/2023]
Loss of Love & Affection to
claimants (Rs.40,000X3) (+) Rs.1,20,000/-
Total
Rs.9,06,000/-
Less amount awarded by the
Tribunal Rs.8,26,000/-
Enhanced Amount of
compensation 9,06,000-8,26,000=
Rs.80,000/-
9. The claimants are entitled to get a further sum of
Rs.80,000/- as compensation. The Insurance Company is
directed to deposit enhanced amount of Rs.80,000/- (Rs.
9,06,000-8,26,000) 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 @ 9%
interest per annum from the date of filing the claim petition till
the actual payment is made.
10. In the result, appeal filed by the Insurance Company is
dismissed, whereas, appeal filed by the claimants is partly
allowed, as indicated above.
11. Rest part of the impugned judgment shall remain
unchanged. Impugned judgment and award is modified
accordingly.
12. Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Gourav/169 & 171
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