Rajasthan High Court - Jodhpur
Kailash Gandhi And Ors vs Kesa Ram And Ors. (2024:Rj-Jd:43003) on 21 October, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:43003]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 467/2017
1. Kailash Gandhi W/o Pancha Ram,
2. Smt. Rameshwari W/o Kailash Gandhi,
3. Miss Monika D/o Kailash Gandhi,
4. Piyush S/o Kailash Gandhi, Appellant No. 3 And 4 Are
Minor Through Their Natural Guardian Father I.e.
Appellant No. 1, All Are Resident Of Village- Khundi Walo
Ki Dhani Luniyawas, Post- Rajlota, Tehsil- Degana,
Nagour.
----Appellants
Versus
1. Kesa Ram S/o Prabhu Ram, Resident Of Post Gulabpura,
Harsour, Police Station- Thanvla, Tehsil- Degana, Nagour.
Driver
2. Sultan S/o Karim Khan, Deshwali Musalman, R/o Village
And Post- Harsour, Police Station- Thanvla, Tehsil Degana,
Nagour. Owner
3. Megma H.d.i. General Insurance Company Ltd. Through
Manager, Iind Floor, 205-206, Kamal Ratan Chamber, M.i.
Road, Jaipur. Insurer
----Respondents
For Appellant(s) : Mr. RS Mankad
For Respondent(s) : Mr. Dhanpat Choudhary for R-3
HON'BLE DR. JUSTICE NUPUR BHATI
Order
21/10/2024
1. The instant misc. appeal, seeking enhancement, has been
preferred by the appellants/claimants under Section 173 of the
Motor Vehicles Act, 1988 (hereinafter as 'the Act') against the
judgment and award dated 11.07.2016 (hereinafter as 'the
impugned award') passed by MACT Merta (hereinafter as 'the
[2024:RJ-JD:43003] (2 of 5) [CMA-467/2017]
learned tribunal') in MAC Case no. 118/2015 (filed under Section
166 of the Act), whereby the learned tribunal has awarded Rs.
1,00,000/- along with interest @8% (from the date of filing of the
claim petition i.e., 29.09.2015 to the appellants/claimants and
held the respondents/non-claimants jointly and severally liable to
pay the said compensation.
2. Briefly stated the facts of the case are that on 15.07.2015
Abhishek (5 years old at the time of the accident) was playing in
front of his house, at that time one jeep bearing registration no.
RJ-21-G-1516, which was being ridden by respondent No.1-driver
(hereinafter as 'the offending vehicle'), reversing the same in a
rash and negligent manner and hit the deceased, as a result of the
accident Abhishek (hereinafter as 'the deceased child') died during
the course of treatment. The FIR was lodged before the Police
Station Thanvla, Nagaur and after investigation, a charge sheet
was filed against Respondent nos. 1 and 2-owner-driver.
Subsequently, the appellants/claimants filed the claim petition-
MAC Case no. 118/2015 under Section 166 of the Act before the
learned tribunal, seeking compensation on account of the death of
the deceased child. As the respondent nos.1 and 2 and 3 filed
reply to the claim petition before the learned tribunal.
3. On the basis of the pleadings of the parties learned tribunal
framed four issues. The appellants/claimants examined 2
witnesses and produced some documentary evidences whereas
the respondents examined 1 witness and produced documentary
evidence before the learned tribunal. After hearing the parties and
on the basis of the material available on record the leaned tribunal
partly allowed the MAC case no. 118/2015 vide the impugned
[2024:RJ-JD:43003] (3 of 5) [CMA-467/2017]
award and awarded Rs. 1,00,000/- along with interest @8% (from
the date of the filing of the claim petition i.e., 29.09.2015 as
compensation to the appellants/claimants and held respondents
jointly and severally liable to pay the said compensation.
4. Aggrieved by the impugned award the instant misc. appeal
has been preferred by the appellants/claimants.
5. Since there is no dispute as to the facts of the case the
learned counsel appearing on behalf of the appellants/claimants
has restricted his submissions only to the quantum of the
compensation as awarded by the learned tribunal.
6. The learned counsel appearing on behalf of the
appellants/claimants submits that the learned tribunal has erred in
awarding such meager compensation on account of the death of
the deceased child.
7. Per contra, learned counsel for the respondent No.3-
Insurance Company submits that the award passed by the learned
Tribunal is just and calls for no interference by this Court.
8. Heard the counsels appearing on behalf of the parties and
perused the material available on record.
9. This court finds that the learned tribunal has awarded the
lump-sum amount of Rs. 1,00,000/- as compensation to the
appellants/claimants. However, this court finds that the Hon'ble
Supreme Court in Kishan Gopal and Ors. Vs. Lala and Ors.
[(2014) 1 SCC 244], where the age of the deceased child was 10
years has taken the notional income of the deceased child as Rs.
30,000/- p.a. looking to the facts and circumstances. Further, the
Hon'ble Supreme Court in Kurvan Ansari and Ors. Vs. Shyam
Kishore Murmu and Ors.[(2022) 1 SCC 317], where the age of
[2024:RJ-JD:43003] (4 of 5) [CMA-467/2017]
the deceased child was 7 years, has taken notional income of the
deceased child as Rs. 25,000/- p.a. and after applying Multiplier of
15 granted total of Rs. 3,75,000/- under the head of 'loss of
dependency' and also an amount of Rs. 40,000/- to each of the
parents under the head of filial consortium and Rs.15,000/- under
the head of funeral expenses. Further, the Hon'ble Supreme Court
in Meena Devi Vs. Nunu Chand Mahto and Ors[(2023) 1 SCC
204], where the age of the deceased child was 12 years, has
taken the notional income as Rs. 30,000/- p.a. including future
prospect and applied Multiplier of 15 to arrive at the compensation
awardable under the head of 'loss of dependency' and awarded Rs.
50,000/- under the conventional heads.
10. Thus, looking to the age of the deceased child (i.e., 5 years)
and peculiar facts and circumstances of the present case and in
the light of the above cited judgments, this court deems it
appropriate to take the notional income of the deceased child as
Rs.15,000/- p.a.. Further, the applicable multiplier would be of 15
in the light of the judgment of the Honble Supreme Court in
Divya vs. The National Insurance Co. Ltd. and Ors. [2022
INSC 1108]. Further, looking into the facts of the instant case
where there are four claimants including the parents as well as
two siblings of the deceased, this court deems it just to award Rs.
2,12,000/- (rounded off from Rs.2,11,750/-) under the
conventional heads.
11. Thus, in view of discussion in the above paragraphs the
compensation awardable to the appellants/claimants is as under:
[2024:RJ-JD:43003] (5 of 5) [CMA-467/2017]
Particulars Awarded by Tribunal Awarded/modified by the
Court
Loss of dependancy Rs. 2,25,000/-
(i.e. 15,000 x 15) [A] Rs. 1,00,000/-
Conventional Heads [B] (Lump-sum) Rs. 2,12,000/-
[C]
Total [A] + [B] Rs. 4,37,000/- [D]
Enhanced Amount [D]-[C] Rs.3,37,000/-
12. Thus, the instant appeal preferred by the
appellants/claimants is partly allowed. The impugned award
passed by the learned tribunal is modified accordingly.
13. Therefore, the appellants/claimants are held entitled to get
enhanced compensation of Rs.3,37,000/- along with interest @8%
(same as awarded by the learned tribunal) from the filing of the
claim petition in the same manner as directed by the learned
tribunal.
14. The amount of compensation, if any disbursed to the
appellants/claimants, shall be adjusted accordingly.
(DR. NUPUR BHATI),J
surabhii/14-
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