Rajasthan High Court
Smt. Seema Sanwariya D/O Shri Banshilal ... vs Kajodmal Meena S/O Shri Ramkishan Meena on 13 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 5392/2018
Smt. Seema Sanwariya D/o Shri Banshilal Sanwariya W/o Shri
Surendra Rajoriya, Aged About 27 Years, Caste Khatik, R/o Ward
No. 12, Aasolai Road, Kasba Chaksu, Tehsil And Police Thana
Chaksu, Dist. Jaipur. Present R/o Makan No. A-115, Khatiko Ka
Mohalla, Police Thana Ramganj, Jaipur.
----Appellant
Versus
1. Kajodmal Meena S/o Shri Ramkishan Meena, Aged About
25 Years, Caste Meena, R/o Kolada, Tehsil And Police
Thana Boli, Dist. Sawaimadhopur. (Driver Vehicle Trola
No. R.j.-14-Ge-3976).
2. Palace India Through Present Director, Vinay Kumar
Poddar S/o Shri Dwarka Prasad Poddar, Age 58 Years,
Caste Mahajan, R/o 8/31, Vidhyadhar Nagar, Jaipur.
(Owner Vehicle Trola No. R.j.-14-Ge-3976).
3. Ifco Tokio General Insurance Company Limited, Through
Manager, Office- 3Dr Floor A-13, And 37 Hanuman Nagar
Khatipura Tiraha, Sirsi Road, Jaipur. (Insurance Company
Of Vehicle Trola No. R.j.-14-Ge-3976).
----Respondents
For Appellant(s) : Mr. Bhanu Prakash Verma, Adv.
For Respondent(s) : Mr. C. S. Jodha, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
Date of Judgment 13 /05/2024
The present appeal under Section 173 of the Motor Vehicle
Act, 1988 has been preferred by the appellant-claimant (for short
'the claimant') dissatisfied with the judgment and award dated
24.07.2018 passed by Special Court Printing & Stationary
Embezzlement Cases & Motor Accident Claims Tribunal, Jaipur (for
(2 of 4) [CMA-5392/2018]
short 'the Tribunal') in claim case No.563/2017, whereby the
Tribunal has awarded a sum of Rs.4,42,392/- along with interest
@ 7.5% per annum from the date of filing the claim petition in
favour of the claimant.
The Tribunal on the basis of the pleading of the parties,
framed the issues and evaluated the evidence on record. After
hearing counsel for the parties, decided the claim petition of the
claimant and awarded the amount as indicated above.
Learned counsel for the claimant submits that the Tribunal
while passing the impugned judgment and award has not
appreciated the evidence led by the claimant in the right
perspective. Learned counsel for the claimant further submits
that the Tribunal has wrongly assessed the income of the claimant
only Rs.6,630/- per month. The claimant was a computer operator
and used to take tuitions and earned Rs.20,000/- per month. So,
income of the claimant may be considered Rs.20,000/- per month.
Learned counsel for the claimant also submits that the Tribunal
has awarded very meagre amount of Rs.10,000/- towards physical
and mental agony and other heads. The Tribunal has not awarded
any amount towards future prospects, whereas as per age of the
claimant i.e. 28 years, it should be 40% of the claimant's income.
So, the judgment and award of the Tribunal may be modified
accordingly.
Learned counsel for the respondent No.3-IFFCO Tokio
General Insurance Company Limited. (for short 'the Insurance
Company') has opposed the arguments advanced by learned
counsel for the claimant and submitted that the Tribunal has
rightly considered the income of the claimant as Rs.6,630/- per
(3 of 4) [CMA-5392/2018]
month on the basis of minimum wages prevalent at the relevant
point of time for skilled labour because the claimant failed to
adduce any cogent evidence that she was earning Rs. 20,000/-
per month at the time of accident. The Tribunal has rightly
awarded adequate amount towards physical and mental agony
and other heads. So, judgment and award of the Tribunal does not
call for any interference of this Court and the appeal filed by the
claimant is liable to be dismissed.
I have considered the arguments advanced by learned
counsel for the claimant as well as learned counsel for the
Insurance Company.
It is an admitted position that the claimant failed to adduce
any cogent evidence that she was earning Rs. 20,000/- per
month. So, in my considered opinion, the Tribunal has rightly
considered the income of the claimant on the basis of minimum
wages prevalent at the relevant point of time for skilled labour but
the Tribunal has not awarded any amount towards future
prospects. As per the age of the claimant i.e. 28 years, she is
entitled to get 40% of his income towards future prospects. The
Tribunal has awarded adequate amount towards physical and
mental agony and other heads. So, judgment and award of the
Tribunal is modified to the extent as under:-
Monthly Income Rs.6,630/-
Annual income 6,630 X 12 = Rs.79,560/-
Multiplier to be applied 79,560 X17=Rs. 13,52,520/-
Loss of income viz a viz 27.27% 13,52,520 X 27.27% =
permanent disability suffered by Rs.3,68,832.20
the claimant
Add 40% towards future 3,68,832.20 + 147.532.8
prospects (3,68,832.20 X 40%) =
(4 of 4) [CMA-5392/2018]
Rs.5,16,365/-
Medical Expenses(+) Rs.17,300/-
Medical Assistant Expenses(+) Rs.5,000/-
Transportation Charges+ Rs. 1,000/-
Special Diet(+) Rs. 2,000/-
Add mental & physical agony Rs. 10,000/-
For 2 months loss of income Rs.13,260/-
Rs.6630X2
Compensation of internal Rs. 25,000/-
damage caused to the uterus
Total Compensation awardable Rs. 5,89,925/-
Less amount awarded by the
Tribunal Rs. 4,42,392/-
Enhanced amount of
compensation Rs. 1,47,533/-
In view of the above, the claimant is entitled to get a further
sum of Rs. 1,47,533/- as compensation. The Insurance Company
is directed to deposit enhanced amount of Rs.1,47,533/-
(5,89,925-4,42,392) 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 claimant shall be entitled
to withdrawn the same. The enhanced amount shall carry @
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
Gourav/109
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