Rajasthan High Court
Ali And Ors vs Ganpat Singh And Ors on 8 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:21633]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 4190/2017
1. Ali S/o Shri Rahman, Village Khapari Maliyon Ki Baad,
Tehsil-Nasirabad, Ajmer Raj.
2. Roshan S/o Shri Rahman, Village Khapari Maliyon Ki
Baad, Tehsil-Nasirabad, Ajmer Raj.
3. Pappu @ Puna S/o Shri Rahman, Village Khapari Maliyon
Ki Baad, Tehsil-Nasirabad, Ajmer Raj.
----Appellants
Versus
1. Ganpat Singh S/o Shri Chhotu Singh, 39, Village Lanadi,
Post Moyana, Masuda, Distt. Ajmer Driver Traler No.
Rj01-Ga-7630
2. Manager, G.c.a. Transport Pvt. Ltd., Near H.p.c.l. Plant,
Shrinagar Road, N.h. 79, Dilwadi Tehsil Nasirabad, Ajmer
Registered Owner Vehicle
3. Narandra Jat S/o Shri Amraram, Jaswantpura, Post
Loharwada, Tehsil Nasirabad, Amjer General Power Of
Attorney Vehicle
4. Manager, The New India Insurance Comp. Ltd., Khiland
Market, Ajmer
----Respondents
For Appellant(s) : Mr. Sanjay Gangwar, Adv.
For Respondent(s) : Mr. Tripurari Sharma, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 08/05/2024
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 05.05.2017 passed by the Motor Accident Claims Tribunal
Ajmer (for short 'the Tribunal') in Claim Case No.53/2016,
[2024:RJ-JP:21633] (2 of 4) [CMA-4190/2017]
whereby the Tribunal has awarded a sum of 50,000/- 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
has not appreciated the evidence led by the claimants in the right
perspective. Learned counsel for the claimants submits that the
Tribunal has wrongly awarded a lump sum amount of Rs. 50,000/-
as compensation. Learned counsel for the claimants further
submits that the deceased was doing Farming, Milk and Dairy
business and earning Rs.10,000/- to Rs. 15,000/- per month.
Alternatively, learned counsel for the claimants further submits
that income of the deceased be calculated as minimum wages
prevailing at the relevant point of time i.e. Rs.197/- per day.
Learned counsel for the claimants also submits that the Tribunal
has not awarded any amount towards love & affection whereas it
should be Rs.40,000/- per claimant. Learned counsel for the
claimants further submits that the Tribunal has not awarded any
amount under the head of loss of estate and funeral expenses. So,
award of the Tribunal be modified accordingly.
Learned counsel for the respondent-Insurance Company has
opposed the arguments advanced by learned counsel for the
claimants and submitted that the claimant failed to adduce any
cogent evidence that she was earning Rs.10,000/- to Rs. 15,000/-
per month. So, the 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
respondent-Insurance Company.
[2024:RJ-JP:21633] (3 of 4) [CMA-4190/2017]
It is an admitted position that while allowing the claim
petition the Tribunal has awarded Rs.50,000/- as compensation.
The Tribunal had to calculate the income of the deceased on the
basis of minimum wages prevailing at the relevant point of time
i.e. Rs.197/- per day. In my considered opinion, since all the
claimants had attained the age of majority, the Tribunal had to
deduct 1/2th amount from the income of the deceased towards
her personal expenses because claimants were not dependent
upon the deceased. The Tribunal has not awarded any amount
under the head of loss of estate and funeral expenses whereas it
should be Rs. 15,000/- towards loss of estate and Rs. 15,000/-
towards funeral expenses. So, judgment and award of the Tribunal
is modified to the extent as under:-
Monthly income 197X30=Rs.5910/-
Annual income 5910 X 12 = Rs.70,920/-
1/2 income to be deducted for 70920-35460=Rs.35,460/-
personal expenses of the
deceased
Since the deceased was 62 years 35,460X7=Rs. 2,48,220
of age, multiplier of 7 should be
applied
Love & Affection Rs.40,000/- to Rs.1,20,000/-
each claimants
Loss of Estate(+)
Rs.15,000/-
Funeral expenses(+)
Rs.15,000/-
Total
Rs.3,98,220/-
Less amount awarded by the
Tribunal Rs.50,000/-
Enhanced Amount of
compensation Rs.3,98,220-Rs.50,000 =
Rs.3,48,220/-
[2024:RJ-JP:21633] (4 of 4) [CMA-4190/2017]
In view of the above, the claimants are entitled to get a
further sum of Rs.3,48,220/- as compensation. Insurance
Company is directed to deposit enhanced amount of Rs.3,48,220/-
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.
Rest part of the impugned judgment shall remain
unchanged. Impugned judgment and award is modified
accordingly.
Consequently, the appeal is partly allowed.
Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Tahir/16
Powered by TCPDF (www.tcpdf.org)
