Rajasthan High Court
Smt Suman Devi And Ors vs Hajruddin Alias Hajru And Ors on 9 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:21830]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1427/2017
1. Smt. Suman Devi W/o Late Shri Rajendra, R/o Shimla
Tehsil Behror, District Alwar, Rajasthan.
2. Ankit S/o Late Shri Rajendra, R/o Shimla Tehsil Behror,
District Alwar, Rajasthan. Minor Through Natural Guardian
Mother Smt. Suman Devi Widow Of Late Shri Rajendra.
3. Manpal S/o Late Shri Chetram, R/o Shimla Tehsil Behror,
District Alwar, Rajasthan.
4. Smt. Rampyari W/o Shri Manpal, R/o Shimla Tehsil Behror
District Alwar, Rajasthan
----Appellants
Versus
1. Hajruddin @ Hajru S/o Shri Kabira Khan, R/o Kansali,
Tehsil Jhirka, District Nooh Gurgaon Driver Of Vehicle No.
Hr-55-J-0711
2. Farrukh Ahmed S/o Shri N.khan,r/o Panchanka, Tehsil
Hatim, District Palwal, Haryana. Owner Of Vehic
3. Icici Lombard General Insurance Company Ltd. Through
Branch Manager, Having Its Registered Office A, Basant
Vihar, Near Gopalpura Flyover, Jaipur Rajasthan Insurance
Company Of Truck No. Hr-55-J-0711
----Respondents
For Appellant(s) : Mr. Manvendra Singh Choudhary, Adv.
For Respondent(s) : Mr. Rajdeep Rathore, Adv. for Mr. C S
Jodha, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 09/05/2024
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 08.02.2017 passed by the Motor Accident Claims Tribunal
[2024:RJ-JP:21830] (2 of 5) [CMA-1427/2017]
and Additional District Judge No. 2, Behror District-Alwar (for
short 'the Tribunal') in Claim Case No.59/2012, whereby the
Tribunal has awarded a sum of Rs.5,31,000/- along with interest
@ 7.5% 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 committed an error in considering the income of the deceased
as Rs. 100/- per day. Learned counsel for the claimants further
submits that the deceased was working at Mohan Tent House and
earning Rs.7,500/- per month. Learned counsel for the claimants
further submits that the claimants had adduced the evidence of
AW-2 Jai Pal and annexed salary certificate Ex.14. Learned counsel
for the claimants further submits the Tribunal has committed an
error in not awarding any amount towards future prospects.
Learned counsel for the claimants further submits that the
Tribunal has awarded the amount of Rs.5,000/- towards funeral
expenses, whereas it should be Rs.15,000/-. Learned counsel for
the claimants further submits that the Tribunal has not awarded
any amount towards loss of estate whereas it should be Rs.
15,000/-. Learned counsel for the claimants also submits that the
Tribunal has awarded lump sum amount of Rs.40,000/- towards
love & affection and loss of consortium whereas it should be
Rs.40,000/- for each claimant. 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 Tribunal has rightly assessed the
income of the deceased as Rs.100/- per day on the basis of
[2024:RJ-JP:21830] (3 of 5) [CMA-1427/2017]
minimum wages as prescribed for the unskilled labour at the
relevant point of time because the claimants failed to adduce any
cogent evidence that he was earning Rs.7,500/- per month.
Learned counsel for the Insurance Company further submits that
the Tribunal has rightly awarded lump sum amount of Rs.
40,000/- towards love & affection and loss of consortium. So, the
award of the Tribunal does not require any interference. So, the
appeal being devoid of merit, is liable to be dismissed.
Learned counsel for the Insurance Company has relied upon
the following judgments:- (1). Smt. Kiran Devi and Ors. Vs.
Arun Kumar Singh and Ors. in Civil Miscellaneous Appeal
No. 1193/2019 decided on 29.04.2019; (2). Mani Ram and
Anr. Vs. Ritu Pal and Ors. in MAC App. No. 298/2013 decided
on 07.04.2016; and (3). Yogendra Vs. Nidhan Singh and Ors.
in Civil Miscellaneous Appeal No. 4768/2011 decided on
24.09.2011.
I have considered the arguments advanced by learned
counsel for the claimants as well as learned counsel for the
respondent-Insurance Company.
It is an admitted position that the claimants failed to adduce
any cogent evidence that the deceased was earning Rs.7,500/-
per month. So, in my considered opinion, the Tribunal has rightly
assessed the income of the deceased as Rs.100/- per day on the
basis of minimum wages as prescribed for the unskilled labour at
the relevant point of time. The Tribunal has not awarded any
amount towards future prospects. At the time of accident, age of
the deceased was 24 years, so, he is entitled to get 40% of his
income towards future prospects. The Tribunal has awarded lump
[2024:RJ-JP:21830] (4 of 5) [CMA-1427/2017]
sum amount of Rs.40,000/- towards love & affection and loss of
consortium whereas it should be Rs.40,000/- for each claimant.
The Tribunal has awarded very meagre amount of Rs.5,000/-
towards funeral expenses, whereas it should be Rs.15,000/-. The
Tribunal has not awarded any amount towards loss of estate
whereas it should be Rs. 15,000/-. So, the award of the Tribunal is
modified to the extent as under:-
Monthly income 100X30= Rs.3,000/-
Annual Income 3,000X12= Rs.36,000/-
Since, there were 4 36,000-9,000= Rs.27,000/-
dependents, 1/4 income is to be
deducted for personal expenses
of the deceased
According to the age of the 27,000X18= Rs.4,86,000/-
deceased i.e. 24 years,
Multiplier 18 to be applied
Add 40% towards future 4,86,000+1,94,400=
prospects Rs.6,80,400/-
Loss of Consortium to claimant
No.1 (Rs.40,000/-) & loss of Rs. 1,60,000/-
Love & Affection to claimant
Nos.2 to 4 (Rs.40,000X3) (+)
Loss of Estate(+)
Rs. 15,000/-
Funeral Expenses(+)
Rs. 15,000/-
Total
Rs.8,70,400/-
Less amount awarded by the
Tribunal Rs.5,31,000/-
Enhanced Amount of
compensation 8,70,400-5,31,000 =
Rs.3,39,400/-
In view of the above, the claimants are entitled to get a
further sum of Rs.3,39,400/- as compensation. The Insurance
[2024:RJ-JP:21830] (5 of 5) [CMA-1427/2017]
Company is directed to deposit enhanced amount of Rs.3,39,400/-
(8,70,400-5,31,000) 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 interest @
7.5% interest per annum from the date of filing the 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/43
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