Rajasthan High Court - Jodhpur
Smt. Anjana Devi And Anr vs Manager, R.S.R.T.C. And Ors. ... on 16 October, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:42090]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 440/2015
1. Smt. Anjana Devi W/o Shri Santosh Kumar, aged about 32
years
2. Santosh Kumar S/o Badri Ram, aged about 36 years.
Both resident of Kaldi, Police Station Sri Balaji, District Nagaur
(Raj).
----Appellant
Versus
1. Manager, Rajasthan State Roadways Transportation
Corporation, Bikaner Depot, Bikaner (Raj) (Bus Owner)
2. Inder Singh S/o Kundan Singh, R/o Kanjro Ki Gali, in front of
Daga Building, K.E.M.Road, Bikaner (Raj) (Bus Driver)
3. Pabu Ram S/o Dhuda Ram, R/o Backside of ITI College, Patel
Nagar Bikaner (Raj) (Truck Owner)
4. Gulam Khan S/o Sadiq Khan, R/o Near Choukhunti Fatak,
Purani Gajner Road, Bikaner (Raj) (Truck Driver)
5.ICICI Lombard General Insurance Company Ltd. ICICI Bank
Towers, Bandra Kurla Complex, Mumbai (Maharashtra)
(Insurance Company).
----Respondent
Connected With
S.B. Civil Misc. Appeal No. 438/2015
Smt. Sulochana Devi W/o Shri Poonam Chand, Age 53 years, R/
o in front of Government hospital, Khajuwala, District Bikaner
(Raj)
----Appellant
Versus
1. Manager, Rajasthan State Roadways Transportation
Corporation, Bikaner Depot, Bikaner (Raj) (Bus Owner)
2. Inder Singh S/o Kundan Singh, R/o Kanjro Ki Gali, in front of
Daga Building, K.E.M.Road, Bikaner (Raj) (Bus Driver)
3. Pabu Ram S/o Dhuda Ram, R/o Backside of ITI College, Patel
Nagar Bikaner (Raj) (Truck Owner)
4. Gulam Khan S/o Sadiq Khan, R/o Near Choukhunti Fatak,
Purani Gajner Road, Bikaner (Raj) (Truck Driver)
5.ICICI Lombard General Insurance Company Ltd. ICICI Bank
Towers, Bandra Kurla Complex, Mumbai (Maharashtra)
(Insurance Company).
(Downloaded on 17/10/2024 at 09:40:14 PM)
[2024:RJ-JD:42090] (2 of 7) [CMA-440/2015]
----Respondent
S.B. Civil Misc. Appeal No. 439/2015
Smt. Uma Devi W/o Shri Nand Kishore, age 28 years, R/o Kaldi,
Police Station Balaji, District Bikaner (Raj)
----Appellant
Versus
1. Manager, Rajasthan State Roadways Transportation
Corporation, Bikaner Depot, Bikaner (Raj) (Bus Owner)
2. Inder Singh S/o Kundan Singh, R/o Kanjro Ki Gali, in front of
Daga Building, K.E.M.Road, Bikaner (Raj) (Bus Driver)
3. Pabu Ram S/o Dhuda Ram, R/o Backside of ITI College, Patel
Nagar Bikaner (Raj) (Truck Owner)
4. Gulam Khan S/o Sadiq Khan, R/o Near Choukhunti Fatak,
Purani Gajner Road, Bikaner (Raj) (Truck Driver)
5.ICICI Lombard General Insurance Company Ltd. ICICI Bank
Towers, Bandra Kurla Complex, Mumbai (Maharashtra)
(Insurance Company).
----Respondent
For Appellant(s) : Mr. Pushkar Taimini for Mr. Sanjay
Nahar
For Respondent(s) : Mr. LK Purohit for RSRTC
Mr. Jagdish Vyas for the Insurance
Company
HON'BLE DR. JUSTICE NUPUR BHATI
Order
16/10/2024
1. By way of these misc. appeals the appellants/claimants have
challenged the legality and validity of the judgment/award dated
19.11.2014 passed by the learned Judge, MACT, Bikaner in Claim
Cases Nos.274/2008, 276/2008 and 275/2008, whereby quantum
of compensation were awarded in favour of the appellants-
claimants Rs.1,00,000/- (in claim case No.274/2008), Rs.35,895/-
(in claim case No.276/2008) and Rs.24,450/- (in claim case
[2024:RJ-JD:42090] (3 of 7) [CMA-440/2015]
No.275/2008) with interest @ 7.5% per annum and held non-
claimants No.1 and 2, liable to pay the said amount jointly and
severally, and the respondent-Insurance Company has been
exonerated from its liability.
2. Succinctly stated, facts of the case are that on 13.04.2008,
deceased Tarun, a young boy of 4 years was going with his
grandmother Sulochna Devi in Bus No. RJ07-P-0766 from Bikaner
to Khajuwala. At around 2.30 pm, near village Sobhasar, the
driver driving the bus in a rash and negligent manner, collided
with a truck No. RJ07-GA-3786 and due to which, Tarun died on
the spot and Sulochana, Uma received grievous injuries, then the
appellants preferred claim petition. Notices were issued by the
learned Tribunal. A reply was filed on behalf of the respondent
Nos.1, 2 and 5- Insurance Company denying the averments made
by the claimants in the claim petition whereas no reply was filed
on behalf of respondent Nos.3 and 4. As per pleadings, issues
were framed by the learned Tribunal and in support of the claim
petition, 3 witnesses were examined and exhibited various
documents whereas 1 witness was produced by the defendant
side. After hearing both the parties, the learned Tribunal passed
the award in favour of the appellants/claimants and being
dissatisfied from the award, the appellants have preferred these
misc. appeals.
3. Learned counsel for the appellants-claimants with respect to
SBCMA No.440/2015 submits that the learned Tribunal has erred
in awarding a lump-sum amount of Rs.1,00,000/- to the claimants
and the same deserves to be enhanced.
[2024:RJ-JD:42090] (4 of 7) [CMA-440/2015]
4. Learned counsel for the appellants-claimants also submits
that the learned Tribunal has erred in not awarding adequate
compensation towards pain and suffering caused to the injured
appellant no.1/claimants in MAC Case No.275/2008 and MAC Case
No. 276/2008. He also submits that the learned Tribunal has
awarded a meagre sum of Rs. 15,000/- and Rs. 25,000/- in MAC
Case No.275/2008 and MAC Case No. 276/2008 towards the
injuries sustained by the appellants-claimants on account of the
said accident and thus he prays for enhancement of the same.
5. Per contra, learned counsel representing the respondent-
vehemently opposes the submissions advanced by the appellants'
counsel and prays for dismissal of these appeals.
6. I have heard and considered the submissions advanced at
Bar and have carefully gone through the material available on
record.
7. This Court finds that the learned Tribunal has erred in
awarding a meagre sum of Rs.1,00,000/- towards the death of the
child, Tarun, aged 4 years and thus, deems it fit to assess a just
compensation which is reasonable according to the underlying
facts and circumstances of the case along with the evidence
placed on record, in the light of judgment passed by the Hon'ble
Apex Court in the case of Meena Devi v Nunu Chand Mahto @
Nemchand Mahto & Others [Civil Appeal No. 7255 of 2022
decided on 13.10.2022] and Kurvan Ansari @ Kurvan Ali &
another vs. Shyam Kishore Murmu and another [CIVIL
APPEAL NO.6902 OF 2021 decided on 16.11.2021].
8. This Court also deems it just to take the notional income of
the deceased as Rs.15,000/- while computing the loss of
[2024:RJ-JD:42090] (5 of 7) [CMA-440/2015]
dependency, looking at the age of the deceased, i.e. four years.
Moreover, while taking into consideration the judgments cited
herein above, this Court also deems it just to award Rs.1,15,000/-
towards the conventional heads to the appellant no. 1 and
2/claimants in SBCMA 440/2015.
9. Furthermore, this Court finds that the learned Tribunal has
erred in awarding a meagre amount of compensation towards the
injuries sustained by the appellant no.1/claimant in MAC Case No.
276/2008, and thus, while looking into the fact that the appellant/
claimant therein had suffered two grievous, whereby there are
three factures as observed by the learned Tribunal, upon perusal
of Ex.12 and four simple injuries (Injury Reports Ex.11 and 12),
on account of the said accident, this Court deems it just to award
Rs.25,000 towards each grievous injury, and Rs.10,000/-
cumulatively for the simple injuries as lump-sum, suffered by the
appellant-claimant in SBCMA 438/2015. This Court also finds that
the learned Tribunal has erred in not awarding adequate
compensation towards the pain and suffering caused to the
appellant-claimant and thus, deems it fit to award Rs.18,000/- as
lump-sum towards the pain and suffering caused to the appellant
no.1/claimant, in the light of the judgment passed by the Hon'ble
Apex Court in the case of Sidram Vs. The Divisional Manager,
United India Insurance Company Ltd & Anr: (Civil Appeal
No.8510 of 2022) decided on 16.11.2022.
10. This Court also finds that the learned Tribunal has erred in
awarding a meagre amount of compensation towards the injuries
sustained by the appellant no.1/claimant in MAC Case No.
275/2008, and thus, this Court while looking into the fact that the
[2024:RJ-JD:42090] (6 of 7) [CMA-440/2015]
appellant/claimant therein had suffered one grievous and two
simple injuries (Injury Reports Ex.28 and 29), on account of the
said accident, deems it just to award Rs. 25,000 towards grievous
injury, whereby there are two fractures of the Fibula Bone, and Rs.
5,000/- cumulatively for the simple injuries as lump-sum, suffered
by the appellant-claimant in SBCMA 439/2015. This Court also
finds that the learned Tribunal has erred in not awarding adequate
compensation towards the pain and suffering caused to the
appellant-claimant and thus, deems it fit to award Rs. 10,000/- as
lump-sum towards the pain and suffering caused to the appellant
no.1/claimant, in the light of the judgment passed by the Hon'ble
Apex Court in the case of Sidram (supra).
11. After arriving at the conclusion that the amount awarded by
the learned Tribunal deserves to be enhanced in MAC Cases No.
274/2008, 275/2008 and 276/2008, this Court directed both the
counsels to jointly submit the calculation of the compensation
awardable to the claimants, afresh in light of the guidelines laid
down in the judgments cited hereinabove, which they have
furnished before this Court in a tabular form as below:
Particulars Awarded by Tribunal Awarded by the Court
Loss of dependancy Rs. 1,00,000/- Rs, 2,25,000/-
(i.e. 15,000 x 15)
Conventional Heads Rs. 1,15,000/-
Total Rs. 1,00,000/- Rs. 3,40,000/-
Amount enhanced 3,40,000 - 1,00,000 = Rs.2,40,000/-
Particulars Awarded by Tribunal Awarded by the Court
Grievous Injury (25,000 x 2) Rs. 25,000/-(including Rs. 50,000/-
Simple Injury physical pain and mental Rs. 10,000/-
agony)
Pain and Sufferings (included in Injuries itself) Rs. 18,000/-
[2024:RJ-JD:42090] (7 of 7) [CMA-440/2015]
Hospitalization Rs. 9,000/- Rs. 9,000/-
Medical Bills Rs. 1,895/- Rs. 1,895/-
Total Rs. 35,895/- Rs. 88,895/-
Amount enhanced 88,895 - 35,895 = Rs. 53,000/-
Particulars Awarded by Tribunal Awarded by the Court
Grievous Injury Rs. 15,000/-(including Rs. 25,000/-
Simple Injury physical pain and mental Rs. 5,000/-
agony)
Pain and Sufferings (included in Injuries itself) Rs. 10,000/-
Hospitalization Rs. 6,000/- Rs. 6,000/-
Medical Bills Rs. 3,450/- Rs. 3,450/-
Total Rs. 24,450/- Rs. 49,450/-
Amount enhanced 49,450 - 24,450 = Rs. 25,000/-
12. As a consequence, these misc. appeals are partly allowed.
The amount of compensation payable to the claimants is further
enhanced by Rs. 2,40,000/-, Rs. 53,000/- and Rs. 25,000/-
in S.B. C.M.A. Nos.440/2015, 438/2015 and 439/2015,
respectively in the terms stated above. The enhanced amount
shall carry interest @ 7.5% per annum from the date of filing of
claim petition till the date of deposit, as awarded by the learned
Tribunal. The respondent-Insurance Company has been
exonerated from its liability by the learned Tribunal and thus, the
respondents no. 1 and 2/non-claimants are accordingly directed to
deposit the said enhanced compensation to the claimants in their
savings bank account within a period of 'two months' from the
date of receipt of certified copy of this order. No order as to costs.
(DR. NUPUR BHATI),J
92 to 94 Surabhi/-
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