Rajasthan High Court

Prem Lata Devi And Ors vs Chairman R S R T C And Ors on 14 May, 2024

Author: Narendra Singh Dhaddha

Bench: Narendra Singh Dhaddha

[2024:RJ-JP:22518]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

             S.B. Civil Miscellaneous Appeal No. 694/2017

1.       Chairman, Rajasthan State Road Transport Corporation,
         Head Office, Chomu House, Near Ajmer Pulia, Jaipur,
         Rajasthan Owner Roadways Bus No. Rj 23 Pa 3602
2.       Chief       Manager,         Rajasthan          State         Road     Transport
         Corporation,         Depot.       Srimadhopur,           Distt.      Sikar,   Raj.
         Registered Owner Roadways Bus No. Rj 23 Pa 3602
                                                                           ----Appellants
                                         Versus
1.       Premlata Devi W/o Tara Chand Sharma, Ward No.11,
         Loknath Mohalla, Srimadhopur, At Present Ward No.8,
         Palsana, Teh. Dantaramgarh, Distt. Sikar, Raj.
2.       Km. Divya D/o Tara Chand Sharma, Aged 16 Years Now
         20 Years, Ward No.11, Loknath Mohalla, Srimadhopur, At
         Present Ward No.8, Palsana, Teh. Dantaramgarh, Distt.
         Sikar, Raj.
3.       Jitendra Kumar S/o Tara Chand Sharma, Aged 15 Years
         Now         19    Years,       Ward        No.11,            Loknath    Mohalla,
         Srimadhopur,          At    Present        Ward      No.8,       Palsana,     Teh.
         Dantaramgarh, Distt. Sikar, Raj.
4.       Kartik Kumar S/o Tara Chand Sharma Minor Through Her
         Mother And Natural Guardian Premlata Devi, Ward No.11,
         Loknath Mohalla, Srimadhopur, At Present Ward No.8,
         Palsana, Teh. Dantaramgarh, Distt. Sikar, Raj.
5.       Bajrang Lal S/o Murlidhar, Ward No.11, Loknath Mohalla,
         Srimadhopur,          At    Present        Ward      No.8,       Palsana,     Teh.
         Dantaramgarh, Distt. Sikar, Raj.
6.       Savitri Devi W/o Bajrang Lal, Ward No.11, Loknath
         Mohalla, Srimadhopur, At Present Ward No.8, Palsana,
         Teh. Dantaramgarh, Distt. Sikar, Raj.
7.       Ramkesh Meena S/o Shri Bhagwana Ram Meena, Teemeri
         Jafran, Teh. Mahua, Distt. Dausa, At Present Driver,
         Rajasthan State Road Transport Corporation, Depot.
         Srimadhopur, Distt. Sikar Driver Roadways Bus No. Rj 23
         Pa 3602
                                                                        ----Respondents

Connected With

[2024:RJ-JP:22518] (2 of 6) [CMA-694/2017]

S.B. Civil Miscellaneous Appeal No. 767/2017

1. Prem Lata Devi W/o Late Shri Tarachand Sharma, R/o Ward No. 11, Loknath Lohalla, Shri Madhopur At Present Ward No. 8, Palsana, Tehsil Dantaramgarh, District Sikar Raj.

2. Kumari Divvya D/o Late Shri Tarachand Sharma, R/o Ward No. 11, Loknath Lohalla, Shri Madhopur At Present Ward No. 8, Palsana, Tehsil Dantaramgarh, District Sikar Raj.

3. Jitendar Kumar S/o Late Shri Tarachand Sharma, R/o Ward No. 11, Loknath Lohalla, Shri Madhopur At Present Ward No. 8, Palsana, Tehsil Dantaramgarh, District Sikar Raj.

4. Kartik Kumar S/o Late Shri Tarachand Sharma, Minor Through His Natural Guardian Mo, R/o Ward No. 11, Loknath Lohalla, Shri Madhopur At Present Ward No. 8, Palsana, Tehsil Dantaramgarh, District Sikar Raj.

5. Bajrang Lal S/o Shri Murlidhar, R/o Ward No. 11, Loknath Lohalla, Shri Madhopur At Present Ward No. 8, Palsana, Tehsil Dantaramgarh, District Sikar Raj.

6. Savitri Devi W/o Bajrang Lal, R/o Ward No. 11, Loknath Lohalla, Shri Madhopur At Present Ward No. 8, Palsana, Tehsil Dantaramgarh, District Sikar Raj.

----Appellants Versus

1. Chairman Rajasthan State Road Transport Corporation, Head Office, Chomu House, Near Ajmer Puliya, Jaipur Raj. Owner Of Vehicle Roadways Bus No. Rj-23-Pa-3602

2. Ramkesh Meena S/o Bhagwanaram Meena, R/o Timri Jafran, Tehsil Mahuwa, District Dausa Raj. At Present Driver. Rajasthan State Roadways Transport Corporation, Aagar Shri Madhopur, District Sikar Raj. Driver Of Vehicle Roadways Bus No. Rj-23-Pa-3602

3. Chief Manager, Rajasthan State Road Transport Corporation, Aagar Shri Madhopur, District Sikar Raj. Registered Owner Of Vehicle Roadways Bus No. Rj-23-Pa-

----Respondents

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For Appellant(s) : Mr. S. C. Mittal, Adv. for RSRTC For Respondent(s) : Mr. Gajender Sharma, Adv. for claimants

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

DATE OF JUDGMENT 14/05/2024

The instant appeals have arisen out of the judgment and

award dated 07.12.2016 passed by the Motor Accident Claims

Tribunal, Sikar (for short 'the Tribunal') in Claim Case

No.1187/2013 titled as "Premlata Devi & Ors. Vs. Chairman,

RSRTC & Ors.", whereby the Tribunal while partly allowing the

claim petition, has awarded a sum of Rs.7,41,042/- along with

interest @ 7% per annum as compensation from the date of filing

of the claim petition in favour of the respondent Nos.1 to 6-

claimants (for short' the claimants').

CMA No.694/2017 has been filed by the appellants-RSRTC

(for short 'the RSRTC') challenging the judgment & award passed

by the Tribunal on the various grounds, whereas CMA

No.767/2017 has been filed by the claimants seeking

enhancement of compensation awarded by the Tribunal.

S.B. Civil Miscellaneous Appeal No. 694/2017:- Learned

counsel for the RSRTC submits that the Tribunal has committed

error in holding that the accident caused due to negligent and rash

driving by the driver of the bus. Learned counsel for the RSRTC

also submits that in FIR (Ex.1), neither the number of bus nor the

fact that the accident was caused by roadways bus was

mentioned. FIR lodger Ghanshyam was not examined in the

[2024:RJ-JP:22518] (4 of 6) [CMA-694/2017]

evidence by the claimants. So, issue No.1 be decided against the

claimants. Learned counsel for the RSRTC also submits that the

Tribunal has committed error in granting 30% amount of the

deceased's income towards future prospects. As per the age of the

deceased i.e. 44 years, it should be 25%. So, judgment and award

of the Tribunal be modified.

S.B. Civil Miscellaneous Appeal No. 767/2017:- Learned

counsel for the claimants submits that the Tribunal has wrongly

considered the deceased's income as Rs.3822/- per month. As per

the evidence, deceased was earning Rs.7,000/- per month. So,

the income of the deceased be calculated as Rs.7,000/- per

month. Learned counsel for the claimants submits that the

Tribunal has wrongly considered the income of the deceased for 26

days only, whereas it should be for 30 days. Learned counsel for

the claimants also submits that the Tribunal has wrongly deducted

1/4th amount of deceased's income towards personal expenses.

As per dependency, it should be 1/5th. Learned counsel for the

claimants also submits that the Tribunal has awarded very meagre

lump sum amount of Rs.1,00,000/- towards loss of consortium

and love & affection, whereas it should be Rs.40,000/- for each

claimant. Learned counsel for the claimants also submits that the

Tribunal has not awarded any amount towards loss of estate,

whereas it should be Rs.15,000/-. So, judgment and award of the

Tribunal be modified.

I have considered the arguments advanced by learned

counsel for the RSRTC as well as learned counsel for the

claimants.

[2024:RJ-JP:22518] (5 of 6) [CMA-694/2017]

It is an admitted position that the claimants failed to adduce

the cogent evidence that the deceased was earning Rs.7,000/- per

month. So, in my considered opinion, the Tribunal rightly assessed

the income of the deceased on the basis of minimum wages

prevalent at the relevant point of time i.e. 147/- per day but the

Tribunal has wrongly considered the income of the deceased for 26

days only, whereas it should be for 30 days. The Tribunal rightly

deducted 1/4th amount of deceased's income towards personal

expenses because as per dependency, 1/4 th amount of deceased's

income towards personal expenses is required to be deducted but

the Tribunal has wrongly granted 30% amount of the deceased's

income towards future prospects. As per the age of the deceased,

claimants are entitled to get 25% amount of the deceased's

income towards future prospects. The Tribunal has also awarded

very meagre lump sum amount of Rs.1,00,000/- towards loss of

consortium and love & affection, whereas it should be Rs.40,000/-

for each claimant. The Tribunal has not awarded any amount

towards loss of estate, whereas it should be Rs.15,000/-. So, the

judgment of the Tribunal is modified to the extent as under:-

          Monthly income                           Rs.147X30 =4410/-

          Annual Income                          Rs.4410X12=52,920/-
   According to the age of the                  Rs.52,920X14=7,40,880/-
     deceased i.e. 44 years,
   Multiplier 14 to be applied

As per dependency, 1/4th Rs.7,40,880X1/4th=1,85,220/- amount of deceased's income (7,40,880-1,85,220=5,55,660/-) to be deducted for personal expenses(-) Add 25% Future Prospects Rs.5,55,660X25%=1,38,915/-

(5,55,660+1,38,915=6,94,575/-

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Loss of consortium and love Rs.2,40,000/- and affection to claimants (40,000 X 6) Funeral expenses Rs.15,000/-

Loss of Estate Rs.15,000/-

Total Rs.9,64,575/-

                                     Less amount awarded by the
                                              Tribunal                                           Rs.7,41,042/-

                                           Enhanced Amount of
                                              compensation                          Rs.9,64,575 - Rs.7,41,042/- =

                                                                                                 Rs.2,23,533/-

                                          The       claimants      are    entitled       to   get     a   further    sum   of

Rs.2,23,533/- as compensation. The RSRTC is directed to deposit

enhanced amount of Rs.2,23,533/- (Rs.9,64,575 - Rs.7,41,042/-)

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 @ 7% interest per annum from

the date of filing of claim petition till the actual payment is made.

In the result, appeals filed by the RSRTC as well as claimants

are partly allowed.

Rest part of the impugned judgment shall remain

unchanged. Impugned judgment and award is modified

accordingly.