Rajasthan High Court
Smt. Saroj Devi W/O Late Mahendra Singh vs The New India Insurance Company Ltd on 7 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:21361]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2939/2022
1. Smt. Saroj Devi W/o Late Mahendra Singh, Aged About
27 Years, R/o Dhani Khelkotha Village Senthliya Police
Station Ringus Khandela, District Sikar (Raj.)
2. Mitesh Chaudhary S/o Late Mahendra Singh, Aged About
6 Years, Through Natural Guardian Mother Smt. Saroj
Devi W/o Late Mahendra Singh, R/o Dhani Khelkotha
Village Senthliya Police Station Ringus Khandela, District
Sikar (Raj.)
3. Kumbharam S/o Ramdev, Aged About 64 Years, R/o
Dhani Khelkotha Village Senthliya Police Station Ringus
Khandela, District Sikar (Raj.)
4. Smt. Barji Devi W/o Kumbharam, Aged About 62 Years,
R/o Dhani Khelkotha Village Senthliya Police Station
Ringus Khandela, District Sikar (Raj.)
----Appellants
Versus
1. The New India Insurance Company Ltd, Through Manager
Divisional Office Jeevan Jyoti Building Subhash Shopping
Center Subhash Nagar Shashtri Nagar, Jaipur (Rajasthan)
(Insurance Company Vehicle Jeep No. Rj-23-Ta-1358)
2. Rakesh Kumar Sharma S/o Banwarilal, Aged About 34
Years, R/o Ward No. 9, Ringus, Police Station Ringus,
District Sikar. (Registered Owner Vehicle Jeep No. Rj-23-
Ta-1358)
3. Babulal S/o Ramlal, Aged About 61 Years, R/o Koshi Kala
Mathura (Uttarpradesh) At Present Residing Lakhni Police
Station Ringus District Sikar (Rajasthan) (Vehicle Driver
Jeep No. Rj-23-Ta-1358)
4. Vijaypal Singh S/o Syopal Singh, Aged About 39 Years,
R/o Dhani Nitharwali Ki Tan Village Lakhni Police Station
Ringus District Sikar (Owner Vehicle Jeep No. Rj-23-Ta-
1358)
----Respondents
For Appellant(s) : Mr. Akshat Choudhary, Adv.
For Respondent(s) : Mr. Sanjay Kumar Singhal, Adv.
[2024:RJ-JP:21361] (2 of 4) [CMA-2939/2022]
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 07/05/2024
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 23.08.2022 passed by the Motor Accident Claims Tribunal,
Shrimadhopur, District Sikar (for short 'The Tribunal') in Case
No.28/2018, whereby the Tribunal has awarded a sum of
Rs.75,82,718/- 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 the Tribunal
had committed error in deducting the amount of Rs.5,00,000/-
received by the claimants as Central Benevolent Fund and
Rs.5,00,000/- as PMSP (Accidental Insurance). Learned counsel
for the claimants also submits that the Tribunal had also
committed error in awarding the amount of Rs.16,600/- towards
loss of consortium and love & affection, whereas it should be
Rs.40,000/- for each claimant. So, judgment and award of the
Tribunal be modified accordingly.
Learned counsel for the claimants has placed reliance upon
the judgment of Hon'ble Apex Court in the case of Sebastiani
Lakra & Ors. Vs. National Insurance Company Limited
reported in (2019) 17 SCC 465.
Learned counsel for the Insurance Company has opposed the
arguments advanced by learned counsel for the claimants and
submits that the Tribunal rightly deducted Rs.10,00,000/- from
impugned award because these amounts were received by the
[2024:RJ-JP:21361] (3 of 4) [CMA-2939/2022]
claimants as deceased died due to accident and his LRs received
the said amount from Central Benevolent Fund and PMSP
(Accidental Insurance). So, appeal be dismissed.
Learned counsel for the Insurance Company has placed
reliance upon the judgment of Hon'ble Apex Court in the case of
Krishna & Ors. Vs. Tek Chand & Ors. in Special Leave
Petition (C) No.5044/2019 decided on 05.02.2024.
I have considered the arguments advanced by learned
counsel for the claimants as well as learned counsel for the
Insurance Company.
It is an admitted position that the Tribunal had deducted
Rs.5,00,000/- received by the claimants on account of Central
Benevolent Fund and Rs.5,00,000/- from PMSP (Accidental
Insurance). In my considered opinion, the amount received by the
claimants on account of Central Benevolent Fund had no direct
nexus to the accident. So, in my considered opinion, the Tribunal
wrongly deducted the amount of Rs.5,00,000/- from the award
amount. The Tribunal had also granted very meagre amount of
Rs.16,600/- towards love & affection, whereas it should be
Rs.40,000/- for each claimant. So, the judgment of the Tribunal is
modified to the extent as under:-
Annual Income after Rs.3,93,899/-
deduction of tax
Since the deceased was in Rs.3,93,899X50%=1,96,949.5/-
permanent job and was of 28 (3,93,899+1,96,949=5,90,848.5)
years of age. Add 50% Future
Prospects
According to the age of the 5,90,848.5X17=1,00,44,424/-
deceased i.e. 28 years,
Multiplier 17 to be applied
As per dependency, 1/4 of the Rs.1,00,44,424X1/4=25,11,106
amount of deceased's income ( 1,00,44,424-
to be deducted for personal 25,11,106=75,33,318/-
[2024:RJ-JP:21361] (4 of 4) [CMA-2939/2022]
expenses(-)
Loss of consortium and love Rs.1,60,000/-
and affection to claimants
(40,000 X 4)
Funeral expenses
Rs.16,400/-
Loss of Estate
Rs.16,400/-
Central Benevolent Fund
Rs.5,00,000/-
Total
Rs.82,26,118/-
Less amount awarded by the
Tribunal Rs.75,82,718/-
Enhanced Amount of
compensation Rs.82,26,118-Rs.75,82,718=
Rs.6,43,400/-
The claimants are entitled to get a further sum of
Rs.6,43,400/- as compensation. The Insurance Company is
directed to deposit enhanced amount of Rs.6,43,400/-
(Rs.82,26,118-Rs.75,82,718) 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 @ 6%
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 /61
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