Rajasthan High Court - Jodhpur
Kailash Kunwar vs Nawal Singh (2024:Rj-Jd:41611) on 10 October, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:41611]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Misc. Application No. 73/2024
1. Kailash Kunwar W/o Jabber Singh, Aged About 35 Years,
2. Devi D/o Jabber Singh, age 12 years,
3. Suman D/o Jabber Singh, age 9 years,
4. Vishnu D/o Jabber Singh, age 6 years,
5. Pratap Singh S/o Bahadur Singh, age 56 years,
6. Smt. Paras Kunwar W/o Pratap Singh, age 54 years,
All R/o Nimbadi, Tehsil Charbhuja, District Rajsamand.
(Appellant Nos. 2 to 4 minor through their natural guardian
Mother appellant No.1)
----Petitioner
Versus
1. Nawal Singh S/o Lal Singh Rajput, R/o Banu, Post Shishavi,
Tehsil Girwa, District Udaipur. (Driver)
2. Sumer Singh S/o Jawan Singh Rajput, R/o Upli Miyari, Post
Bamen Tukda, District Rajsamand. (Owner)
3. National Insurance Company Limited, through Branch
Manager, Branch Office, Udaipur, Rajasthan (Insurer)
----Respondent
For Applicant (s) : Mr. Kuldeep Vaishnav
For Claimant (s) : Mr. Nikhil Ajmera
HON'BLE DR. JUSTICE NUPUR BHATI
Order
10/10/2024
1. The matter comes up on Misc. Application preferred by
learned counsel appearing for respondent No.3-Insurance
Company for correction/modification in the judgment pronounced
on 10.09.2024 by this Court in SBCMA No.746/2017.
2. Learned counsel for the respondent No.3-Insurance submits
that on account of typographical mistake in the deduction towards
personal expenses (1/4) Rs.1410 has been written instead of 1975
in serial number 1 of the calculation table.
[2024:RJ-JD:41611] (2 of 3) [CMAP-73/2024]
3. For the reasons mentioned in the application, the application
is allowed and the corrected calculation table is as under:-
S.No. Particulars Amount as Amount as
awarded by the awarded/enhan
learned tribunal ced by this
Court.
1 (add) Compensation Rs.7,61,670/- Rs.11,37,408/-
towards loss of
dependency while adding
40% towards Future
Prospects: Rs.5,642/-
(Minimum wages per
month) + Rs.2,257/-
(40% future prospects) -
Rs.1,975/- (1/4th
deduction on account of
personal expenses) x 12
x 16 (Multiplier) =
Rs.11,37,408/-
2 (add) Loss of Consortium Rs.2,75,000/- Rs.2,88,000/-
Rs.48,000/- x 6 =
Rs.2,88,000/-
3 (add) Loss of Estate Rs.2,000/- Rs.18,000/-
4 (add) Funeral Expenses Rs.20,000/- Rs.18,000/-
5 (add) Transportation Rs.3,000/- Rs.3,000/-
charges incurred for
taking body of the
deceased
6 (deduct) Deduction on Rs.2,65,417/- Nil
account of Contributory
Negligence
Gross Total Rs.7,96,253/- Rs.14,64,408/-
Enhanced Amount (after deducting the amount Rs.6,68,155/-
already awarded by the learned tribunal)
"Therefore, the instant misc. appeal stands partly allowed.
The finding with respect to the contributory negligence on
the part of the deceased is set aside. The
appellants/claimants are thus held entitled to get
enhanced compensation of Rs.6,68,155/- along with
interest @ 9% p.a. (same as awarded by the learned
tribunal) on the enhanced compensation with effect from
the date of filing of the claim petition. The impugned
[2024:RJ-JD:41611] (3 of 3) [CMAP-73/2024]
award passed by the learned Tribunal stands modified
accordingly. The respondents are directed to pay the said
amount along with the interest from the date of filing of
claim petition to the appellants within a period of six weeks
from the date of receipt of certified copy of this judgment.
The amount of compensation if any paid or disbursed shall
be adjusted."
4. This order be treated as part and parcel of the judgment
pronounced on 10.09.2024 by this Court in SBCMA No.746/2017.
(DR. NUPUR BHATI),J
94-amit/-
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