Rajasthan High Court - Jodhpur
Soma Ram And Anr vs Mahesh Kumar And Ors. ... on 22 October, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:43306]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 409/2014
Teejo W/o Sh. Rataram Ji, Aged about 66 years, R/o Boya, Tehsil
Bali, District Pali (Raj.).
----Appellant
Versus
1. Mahesh Kumar S/o Ram Lal Ji,
Driver of Jeep No.RJ-19-T-1914
2. Bhanwari Devi W/o Pukhra Parihar,
Owner of Jeep No.RJ-19-T-1914
Both are resident of Bali, Tehsil Bali, District Pali (Raj.).
3. Branch Manager, The Oriental Insurance Company Ltd.,
Mandiya Road, Pali, District Pali. (Raj.).
Insurance Company of Jeep No.RJ-19-T-1914
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 408/2014
1. Soma Ram S/o Bhagga Ram, Aged 52 years,
2. Smt. Leela Devi W/o Sh. Soma Ram, Aged 47 years,
3. Both are resident of Boya, Tehsil Bali, District Pali (Raj.)
----Appellant
Versus
1. Mahesh Kumar S/o Ram Lal Ji,
Driver of Jeep No.RJ-19-T-1914
2. Bhanwari Devi W/o Pukhra Parihar,
Owner of Jeep No.RJ-19-T-1914
Both are resident of Bali, Tehsil Bali, District Pali (Raj.).
3. Branch Manager, The Oriental Insurance Company Ltd.,
Mandiya Road, Pali, District Pali. (Raj.).
Insurance Company of Jeep No.RJ-19-T-1914
----Respondents
For Appellant(s) : Mr. Rajesh Parihar.
For Respondent(s) : Mr. L.D. Khatri.
Mr. Bharat Singh.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
22/10/2024
1. The instant S.B.CMA Nos.409/2014 & 408/2014, seeking
enhancement, have been filed by the respective
appellant(s)/claimant(s) against the common judgment-cum-
[2024:RJ-JD:43306] (2 of 6) [CMA-409/2014]
award dated 24.09.2013 (hereinafter as 'the impugned award')
passed by the learned MACT, Bali, District Pali in MAC Case
No.174/2007, 160/2007 respectively; whereby, the learned
Tribunal partly allowed the claim petitions of the
appellant(s)/claimant(s) and the liability to pay the same was
fastened upon the respondents jointly and severally, as both the
appeals arise from the same accident and have been decided by
the common judgment and award, the same are being decided by
this common judgment and the claimant and the appellants in
SBCMA No.409/2014 would be referred to as claimant-1 and the
appellants/claimants in SBCMA No.408/2014 would referred to as
claimants-2 for the sake of convenience.
2. Brief facts of the case are that on 28.06.2007, at
approximately 10:15 PM, claimant-1 and the son of claimants-2 -
Mangilal along with other persons, was returning home from Falna
in a jeep bearing registration number RJ-19-T-1914. While en
route to the village of Boya, near Doctor Moga Hospital on the
Bali-Falna main road in the village of Khudala, the respondent -
Mahesh Kumar, recklessly and negligently drove the jeep and
collided with a tractor-trolley, causing the jeep to overturn. As a
result of the accident, Mangilal tragically lost his life, and several
others sustained injuries. Based on the report of this incident, FIR
No. 57/2007 was registered at the Falna Police Station, and a
regular investigation was conducted. Upon completion of the
investigation, a charge sheet was filed against Mahesh Kumar
under Sections 279, 337, 338, and 304A of the Indian Penal Code.
The jeep, registered in the name of respondent No. 2 and insured
[2024:RJ-JD:43306] (3 of 6) [CMA-409/2014]
under the name of respondent No. 3, was driven recklessly by
respondent No. 1, leading to the accident that resulted in
Mangilal's death.
3. Subsequently, MAC No.174/2007 was filed by
claimant/appellant & 160/2007 by claimant-1 & and the
claimants-2 respectively. Respondents submitted reply while
denying the averments made in the claim petition by the
appellants. As per the pleadings, the learned Tribunal framed
seven issues. Oral as well as documentary evidences were
produced by the claimants in support of their claim petitions.
4. After hearing both the parties, the learned Tribunal vide
impugned award dated 24.09.2013, partly allowed the claim
petitions of the respective claimants, awarded quantum of
compensation in their favour and held respondents liable to pay
the said compensation. Aggrieved thereof, these misc. appeals
have been preferred by the appellants/claimants.
5. Learned counsel for the appellant in S.B. Civil Misc. Appeal
No. 409/2014 restricted his submissions while seeking
enhancement towards transportation charges which ought to have
been awarded to the claimant-1, as she had to travel for the
purpose of treatment and Rs.10,000/- has been incurred by the
claimant-1 on account of the same. However, the learned Tribunal
has not awarded any compensation towards the said head.
6. Learned counsel appearing on behalf of the claimants-2 in
S.B.CMA no. 408/14 that the learned tribunal has erred in not
awarding any amount for future prospect and loss of estate. He
further submits that the learned tribunal has awarded meager
[2024:RJ-JD:43306] (4 of 6) [CMA-409/2014]
amount under the heads of funeral expenses and loss of
consortium. He also submits that learned tribunal has erred in
awarding interest @ 6% and the same deserves to be enhanced.
7. Learned counsel appearing on behalf of the respondents
refute the submissions made by learned counsel for the appellants
in the respective appeals.
8. I have considered the submissions made by learned counsel
for the parties and have perused the material available on record.
9. This Court with respect to S.B.CMA No.409/2014 finds that
the learned tribunal has not awarded any amount for
transportation charges despite the bills being produced in this
regard.Thus, looking to the material available on record, this Court
deems it appropriate to award Rs.9,000/- for transportation
charges, as the claimant-1 must have incurred the same on
account of traveling for the purpose of medical treatment.
10. This Court with respect to SBCMA No.408/2014 finds that the
learned Tribunal has not awarded future prospect and also have
not awarded any amount under the head of loss of estate. Further,
the learned Tribunal has awarded meager amount towards funeral
expenses (Rs.2,000/-) and loss of consortium (Rs.5,000/- to each
of the parents). Thus, this Court finds that looking to the age of
the deceased i.e. 21 years, future prospect @ 40% and
Rs.18,150/- should be awarded in light of the judgment of the
Hon'ble Supreme Court in National Insurance Co. Ltd. v. Pranay
Sethi[(2017) 16 SCC 680]. Also, the amount awarded under the
heads of consortium and loss of estate deserves to be enhanced.
Further, as this Court deems it appropriate to award interest @
[2024:RJ-JD:43306] (5 of 6) [CMA-409/2014]
7.5%, which was the prevalent interest rate as on the date of
filing of the claim petition. Thus, in view of the above, the amount
awardable to the respective appellant(s)/claimant(s) is as under:-
S.B. CMA No.409/2014:-
S.N Particulars Amount as Amount as
o. awarded by the awarded/modif
learned ied by this
tribunal court
1. Simple Injury [A] Rs.3,000/- Rs.3,000/-
(same was
awarded by
the learned
Tribunal)
2. (add) Medical Bills [B] Rs. 9,307/- Rs.9,307/-
(same was
awarded by
the learned
Tribunal)
3. (add) Transportation Charges [C] Nil Rs.9,000/-
Gross Total [A]+[B]+[C] Rs.12,307/- Rs.21,307/-
[D] [E]
Enhanced Amount [E]-[D]
Rs.9,000/-
S.N Particulars Amount as Amount as
o. awarded by the awarded/modif
learned ied by this
tribunal court
1. (add) Compensation towards loss Rs.3,24,000/- Rs.4,53,600/-
of dependency
3000 (per month) + 1200 (future
prospect @ 40%)- 2100 (1/2
deduction on account of personal
expenses) x 12 x 18 (Multiplier)
= Rs.4,53,600/- [A]
2. (add) Loss of Consortium 48,400 Rs. 10,000/- Rs.96,800/-
x 2= 96,800/- [B]
3. (add) Funeral Expenses [C] Rs.2,000 /- Rs.18,150/-
4. (add) Loss of Estate [D] nil Rs. 18,150/-
[2024:RJ-JD:43306] (6 of 6) [CMA-409/2014]
Gross Total [A]+[B]+[C]+[D] Rs.3,36,000/- Rs.5,86,700/-
[E] [F]
Enhanced Amount [F]-[E]
Rs.2,50,700/-
11. Accordingly, instant misc. appeals preferred by the
respective appellant(s)/claimant(s) are partly allowed. The
impugned award dated 24.09.2013 passed by the learned Tribunal
in MAC Case No.174/2007, MAC Case No.160/2007 are enhanced
and modified accordingly.
12. The appellant/claimant-1 (in S.B. C.M.A. No.409/2014) is
thus held entitled to get enhanced compensation of Rs.9,000/-.
The appellant/claimants-2 (in S.B. C.M.A. No.408/2014) are
entitled to get enhanced compensation of Rs.2,50,700/-. In both
the appeals, the appellant/claimant will be entitled to get the
enhanced compensation along with interest @ 7.5% p.a. from the
date of filing of the respective claim petitions.
13. The Appellants/claimants in all the respective appeals are
held entitled to get the enhanced compensation as determined by
this Court in the same manner as directed by the learned tribunal.
The amount of compensation if any paid or disbursed shall be
adjusted.
14. Record be set back forthwith.
15. No order as to costs.
(DR. NUPUR BHATI),J
33-34/Pradeep
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