Rajasthan High Court - Jodhpur
Vakeel And Anr vs Babulal And Ors. (2024:Rj-Jd:42031) on 16 October, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:42031]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1038/2015
1. Vakeel S/o Hari Singh, aged 25 years
2. Rekha w/o Vakeel, aged 23 years
Both residents of 344-G, Village Barthun Part-2, Tehsil
Mansa, Neemach, M.P.
----Appellants/Claimants
Versus
1. Babulal s/o Dudaram, R/o Pipaliyankalan, Tehsil Raipur,
District Pali, Rajasthan.
...Driver of Tempo No.Rj-22-GA-4302
2. Manjoor Khan s/o Hakim khan R/o Pipaliyankalan, Tehsil
Raipur, District Pali, Rajasthan
...Owner of Tempo No.Rj-22-GA-4302
3. IFFCO Tokio General Insurance Company Ltd. Branch Office
IFFCO Sadan, C-1 Dist. Center, Saket, New Delhi.
...Insurance Company
----Respondent
For Appellant(s) : Mr. Ravi Panwar for claimants
For Respondent(s) : Mr. Vishal Singhal for Insurance
Company
HON'BLE DR. JUSTICE NUPUR BHATI
Order
16/10/2024
1. Learned counsel for the appellant submits that service of
notice upon respondent Nos.1 and 2 may be dispensed with.
At the risk and cost of learned counsel for the appellant,
service of notice upon respondent Nos.1 and 2 is dispensed with.
2. Service of application filed under Section 5 of the Limitation
Act is complete.
[2024:RJ-JD:42031] (2 of 4) [CMA-1038/2015]
3. Application under Section 5 of the Limitation Act has been
preferred by the appellants for condoning the delay of 4 days
caused in filing the appeal.
For the reasons stated in the application, the same is allowed
and the delay of 4 days in filing the appeal is condoned.
4. Learned counsel Mr. Vishal Singhal puts in appearance on
behalf of the respondent No.3-insurance company.
5. The present civil misc. appeal has been preferred by the
appellant-claimants under Section 173 of the Motor Vehicles Act,
1988 ('MV Act') assailing the judgment and award dated
20.02.2015 passed by learned Judge, Motor Accident Claims
Tribunal, Jaitaran, District Pali, ('Tribunal') in MAC Case
No.98/2013, whereby the learned Tribunal partly allowed the claim
petition filed by the appellant/claimants under Section 166 of the
MV Act and awarded compensation of Rs. 2,25,000/-, in favour of
respondents/claimants along with interest @ 9% p.a.from the date
of filing the claim petition, while fastening the liability jointly and
severally upon the respondents.
6. Briefly stated, the facts of the case are that on 23.09.2013,
when Motilal, Surajmal, Rahul, Kamla and Arun (deceased) were
going on a motorcycle, a tempo bearing number RJ-22-GA-4302
hit the motorcycle on acount of which all persons sitting on the
motorcycle fell down and Arun (deceased) sustained grievous
injury and succumbed to death. Thereafter, a claim under Section
166 was filed before the learned Tribunal, wherein on 20.02.2015
partly allowed the claim petition while awarding Rs. 2,25,000/- to
the appellant-claimants with interest @ 9% p.a. from the date of
filing the application, i.e. 27.09.2013. Thus, aggrieved of the
[2024:RJ-JD:42031] (3 of 4) [CMA-1038/2015]
judgment and award dated 20.02.2015, the appellant-claimants
have preferred the present appeal.
7. Learned counsel for the appellant-claimants submits that the
learned Tribunal has erred in awarding a lump-sum amount of
Rs.2,25,000/- to the claimants and the same deserves to be
enhanced.
8. Per contra, learned counsel for the respodent-Insurance
Company submits that the award passed by the learned Tribunal is
just and calls for no interference by this Court.
9. This Court finds that the learned Tribunal has erred in
awarding a meagre sum of Rs.2,25,000/- towards the death of the
deceased, Arun, aged 3 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].
10. This Court also deems it just to take the notional income of
the deceased as Rs.15,000/- while computing the loss of
dependency, looking at the age of the deceased, i.e. three 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/claimants.
11. Thus, after arriving at the conclusion that the amount
awarded by the learned Tribunal deserves to be enhanced in MAC
[2024:RJ-JD:42031] (4 of 4) [CMA-1038/2015]
Case No. 98/2013, 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 by Hon'ble
the Supreme Court in the case of Meena Devi (supra) and
Kurvan Ansari (supra) 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. 2,25,000- (lump-sum Rs, 2,25,000/-
(i.e. 15,000 x 15) [A] awarded)
Conventional Heads [B] Rs. 1,15,000/-
Total [A+B] Rs. 2,25,000/-[C] Rs. 3,40,000/-[D]
Amount enhanced [D - C] 1,15,000/-
12. Accordingly and in view of above discussion, the misc.
appeal filed by the appellant/claimants is partly allowed. The
claimants are thus held entitled to get compensation of
Rs.3,40,000/- instead of Rs. 2,25,000/-, jointly and severally from
the respondents at the same rate of interest as awarded by the
learned Tribunal. The amount of compensation is thus enhanced
by Rs. 1,15,000/-.The judgment and award dated 20.02.2015
passed by the learned MACT, Jaitaran, in MAC Case No.98/2013 is
partially modified. The compensation re-determined by this
judgment, shall carry interest as awarded by the learned Tribunal
from the date of filing of claim petition. The amount of
compensation, if any disbursed to the claimants, shall be adjusted
accordingly.
13. No order as to costs.
(DR. NUPUR BHATI),J
95-Ajay/-
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