Rajasthan High Court - Jodhpur
Anoparam And Anr vs Mohanlal And Ors. (2024:Rj-Jd:43973) on 24 October, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:43973]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 926/2016
1. Anoparam S/o Shri Bhagwanram, age about 42 years, R/o
Village Aau, Tehsil Falodi District Jodhpur (Raj)
2. Smt. Kamla W/o Anoparam, age about 40 years, R/o Village
Aau, Tehsil Falodi, District Jodhpur (Raj)
----Appellant
Versus
1. Mohanlal S/o Shri Chunnilal, R/o 28 KJD Tehsil Khajuwala,
District Bikaner (Raj) (driver of bus)
2. Sunil Kumar, S/o Shri Naurang Singh, R/o Bhutto ka Kuan,
Gajner Road, Bikaner (Raj) (owner of bus)
3. National Insurance Company Ltd,. Through Branch Manager,
Panchshati Circle, Sadulganj, Bikaner (Raj). (Insurance
Company)
----Respondent
For Appellant(s) : Mr. Rakesh Chotia
For Respondent(s) : Mr. Sunil Vyas for R-3
HON'BLE DR. JUSTICE NUPUR BHATI
Order
24/10/2024
1. The present civil misc. appeal has been preferred by the
appellants/claimants under Section 173 of the Motor Vehicles Act,
1988 ('MV Act') assailing the judgment and award dated
22.12.2015 passed by learned Judge, Motor Accident Claims
Tribunal Bikaner, ('learned Tribunal') in Claim Case No.279/2011,
whereby the learned Tribunal partly allowed the claim petition filed
by the claimants and awarded compensation of Rs.2,25,000/-, in
favour of claimants along with interest @ 7.5% p.a. while
fastening the liability upon the respondents jointly and severally.
[2024:RJ-JD:43973] (2 of 4) [CMA-926/2016]
2. Brief facts of the case are that on 19.01.2011 at about 09:30
am, Gomti (deceased) was going to school from her maternal
grandparents' home and when she reached near 2 K.L.D, a Bus
bearing Registration No.RJ-07-P-2765, driven in a rash and
negligent manner by the respondent No.1, hit Gomti and as a
result whereof, she died on the spot. Her parents, being the
claimants, filed a claim petition before the learned Tribunal.
Notices were issued and respondents Nos.1 and 2, did not file
reply to the claim petition while respondent No.3- Insurance
Company filed reply and denying the averments made in the claim
petition. On the basis of the pleadings, the learned Tribunal
framed four issues. Oral as well as documentary evidences were
produced by the claimants in support of their claim petition and on
the other hand, no witness was examined by the respondents and
after hearing both the parties, the learned Tribunal partly allowed
the claim petition of the claimants and held the respondents liable
to pay the quantum of compensation in favour of the claimants
and thus, being dissatisfied of the quantum, the appellants have
preferred the instant misc. appeal.
3. 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 awarded by the learned tribunal, as the learned
tribunal has erred in awarding such meager compensation on
account of the death of the deceased child.
4. Per contra, learned counsel for the respondent-Insurance
Company opposes and submits that the award passed by the
learned Tribunal is just and calls for no interference by this Court.
[2024:RJ-JD:43973] (3 of 4) [CMA-926/2016]
5. I have heard and considered the submissions advanced at
Bar and have gone through the material available on record.
6. This Court finds that the learned Tribunal has awarded the
lump-sum amount of Rs.2,25,000/- as quantum of compensation
to the appellants/claimants. However, this court finds that the
Hon'ble Supreme Court in the case of 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 the case of
Kurvan Ansari and Ors. Vs. Shyam Kishore Murmu and
Ors. : [(2022) 1 SCC 317], where the age of 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. Furthermore, the Hon'ble Supreme Court in the case of
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.
7. Thus, looking to the age of the deceased child (i.e., 15
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
[2024:RJ-JD:43973] (4 of 4) [CMA-926/2016]
Rs.30,000/- p.a. Also, the applicable multiplier would be of 15 in
the light of the judgment of the Hon'ble Supreme Court in the
case of Divya vs. The National Insurance Co. Ltd. and Ors. :
[2022 INSC 1108]. Further, looking into the facts of the instant
case where there are two claimants including mother and father of
the deceased, this court deems it just to award Rs.1,15,000/-
(rounded off from Rs.1,14,950/-) towards conventional heads.
8. Thus, in view of discussion in the above paragraphs the
compensation awardable to the appellants/claimants is as under:
Particulars Awarded by Tribunal Awarded/modified by
the Court
Loss of dependancy Rs.4,50,000/-
(i.e. Rs.30,000/- x Rs.2,25,000/-
15) [A] (Lump-sum)
Conventional Heads [C] Rs.1,15,000/-
[B]
Total [A] + [B] Rs.5,65,000/- [D]
Enhanced Amount Rs.3,40,000/-
[D]-[C]
9. Thus, the instant appeal preferred by the
appellants/claimants is partly allowed. The impugned award
passed by the learned tribunal is modified accordingly.
10. Therefore, the appellants/claimants are held entitled to get
enhanced compensation of Rs.3,40,000/- along with interest @
7.5% (same as awarded by the learned tribunal) from the filing of
the claim petition in the same manner as directed by the learned
tribunal. The amount of compensation, if any disbursed to the
appellants/claimants, shall be adjusted accordingly. No order as to
costs.
(DR. NUPUR BHATI),J
surabhii/55-
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