Rajasthan High Court - Jodhpur
Vijay Singh vs Surta Ram (2024:Rj-Jd:42301) on 17 October, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:42301]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Misc. Application No. 74/2024
1. Vijay Singh S/o Kishan, Aged About 51 Years, R/o Behind
New Roadways Bus Stand, Pali.
2. Pushpa W/o Vijay Singh, Aged About 49 Years, R/o
Behind New Roadways Bus Stand, Pali.
3. Kishan Lal S/o Bhanwar Lal, Aged About 75 Years, R/o
Behind New Roadways Bus Stand, Pali.
4. Smt. Mannu Devi W/o Sh. Kishan Lal, Aged About 73
Years, R/o Behind New Roadways Bus Stand, Pali.
----Petitioners
Versus
1. Surta Ram S/o Anopram, R/o Bakiyavas Khurd,
Kalyanpur, Dist. Barmer.
2. Gordhan Ram S/o Sh. Binjaram, R/o Utesar, Ps Luni, Dist.
Jodhpur.
3. United India Ins. Co. Ltd., Branch Office Mandiya Road,
Pali.
4. General Manager, Rsrtc, Jaipur Through Depot Manager,
Rsrtc, Pali.
----Respondents
For Applicant(s) : Mr. TRS Sodha
For Respondent(s) : Ms. Pragya Singh on behalf of Mr.
Narendra Singh Rajpurohit
HON'BLE DR. JUSTICE NUPUR BHATI
Order
17/10/2024
1. The instant application has been preferred by learned
counsel appearing for respondent No.3-Insurance Company for
correction/modification in the order passed on 12.07.2024 by this
Court in SBCMA No.414/2006.
[2024:RJ-JD:42301] (2 of 4) [CMAP-74/2024]
2. Learned counsel for the applicant-respondent No.3-Insurance
submits that on account of typographical mistake while calculating
the enhanced compensation after subtracting Rs.1,00,000/- from
the compensation as determined by this Court i.e., Rs.3,50,000/-,
this Court inadvertently made deduction @50% on account of
contributory negligence from Rs.2,50,000/- (i.e. Rs.3,50,000-
Rs.1,00,000/-) instead of making deduction on account of
contributory negligence @50% from Rs.3,50,000/-. He further
submits that the award passed by the learned Tribunal i.e.,
Rs.1,00,000/-(after making deduction @50% from Rs.2,00,000/-),
thus, deduction @50% has to be made from the compensation as
determined by this Court i.e., Rs. 3,50,000/- which comes to Rs.
1,75,000/-(50% of Rs.3,50,000/-) thereafter, to arrive at the
enhanced amount of compensation, the amount of the
compensation as already awarded by the learned tribunal i.e.,
Rs.1,00,000/- has to be subtracted from Rs.1,75,000/- which
comes at Rs.75,000/-. He thus submits that the same may be
modified.
3. For the reasons mentioned in the application, the application
is allowed. Paragraphs Nos.13 and 14 of the order dated
12.07.2024 passed by this Court shall stand substituted as
under:-
"13. This Court finds that the deceased boy, had he
been alive would have certainly contributed substantially
to the family of the appellants by working hard. In view of
the aforesaid reason, it would be just and reasonable for
me to consider his notional income as per the Guidelines
issued by the Rajasthan State Legal Service Authority
[2024:RJ-JD:42301] (3 of 4) [CMAP-74/2024]
dated 15.04.2021, wherein it has been provided that in
the cases, where the deceased is a child of age 5 to 10,
compensation of Rs.3,50,000/- has to be granted, which
this Court deems it appropriate to award. While upholding
the findings arrived at by learned Tribunal holding 50%
negligence on the part of the parents of the deceased, the
judgment and award passed by learned Tribunal is
modified to the extent stated hereinabove. Thus, in view
of the discussion in the above paragraphs, the amount of
compensation awardable to the appellants-claimants is as
under:-
Particulars Awarded by Awarded/
learned modified by this
Tribunal Court
Compensation [A] Rs.2,00,000/- Rs.3,50,000/-
Contributory Rs.1,00,000/- Rs.1,75,000/-
negligence(@50%)
[B]
Total [A]-[B] Rs.1,00,000/- Rs.1,75,000/-[D]
[C]
Enhanced amount [D]-[C] Rs.75,000/-
14. Accordingly, the award passed by the learned Tribunal
is modified and the claimants are held entitled to receive
enhanced compensation of Rs.75,000/-. Further as
learned counsel for the applicant makes a submission that
the time period for paying the enhanced compensation
may be extended till further one month from today, thus
the Insurance Company is directed to pay the enhanced
compensation amount within a period of one month from
today along with interest @ 6% from the filing of the
claim petition, failing which, the same shall carry interest
[2024:RJ-JD:42301] (4 of 4) [CMAP-74/2024]
@7.5% pa for the subsequent period (i.e. after one month
from today) till actual payment is made."
4. This order be treated as part and parcel of the order passed
on 12.07.2024 by this Court in SBCMA No.414/2006.
(DR.NUPUR BHATI),J
surabhii/72-
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