Rajasthan High Court - Jodhpur
Bhura Lal And Anr vs Kailash And Anr. (2024:Rj-Jd:43477) on 23 October, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:43477]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2534/2015
1. Bhura Lal S/o Shri Kala, aged 35 years, resident of
Chourabada, Police Station Sajjangarh, District Banswara.
2. Smt. Majudi W/o Shri Bhura Lal, aged 33 years, resident of
Chourabada, Police Station Sajjangarh, District Banswara.
----Claimants/Appellants
Versus
1. Kailash S/o Shri Havla Ji, aged 24 years, resident of
Bharatgarh, Tehsil Kushalgarh, District Banswara.
(Owner and driver of Jeep No.RJ-03-UA-2068)
2. National Insurance Co. Ltd. Branch Dahod Road, Opp. Forest
Department, Commercial Area, Banswara.
(Insurer of Jeep No.RJ-03-UA-2068)
----Respondents
For Appellant(s) : Ms. Tamanna K. Trivedi for
Mr. Rakesh Matoria for Claimants
For Respondent(s) : Mr. Sunil A. Vyas for Insurance Co.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
23/10/2024
1. The present appeal has been filed by the
appellants/claimants under Section 173 of the Motor Vehicles Act,
1988 seeking enhancement and modification in the award dated
28.09.2015 (hereinafter as 'the impugned award') passed by
learned Judge, Motor Accident Claims Tribunal, Kushalgarh Sub
Division Area, Banswara (hereinafter as 'the learned tribunal') in
Claim Case No.12/2015 (filed under Section 166 and 140 of the
M.V. Act) titled as Bhura Lal & Anr. Vs. Kailash & Anr. whereby the
learned Tribunal has awarded meagre compensation in favour of
claimants/appellants to the tune of Rs.2,38,000/- along with
interest @ 8% p.a. on account of death of Ajay i.e. claimant's Son.
[2024:RJ-JD:43477] (2 of 5) [CMA-2534/2015]
2. Brief facts of the case are that on 20.10.2014, deceased Ajay
i.e claimants' son was coming to home by foot after completing his
natural call, then the respondent No.1 while driving his Jeep in
rashly and negligently hit Ajay due to which he sustained simple
and grievous injuries and during treatment, he succumbed to
death. The FIR of the accident was lodged at concerned Police
Station and the Police filed charge-sheet against the respondent
No.1. Subsequently, the claimants/appellants filed claim petition
No.12/2015 under Section 166 and 140 of the Act before the
learned Tribunal claiming compensation of Rs.28,52,000/- against
the respondent No.1 driver/owner and Insurance Company.
3. The learned Tribunal, after hearing the arguments of the
parties and considering the material produced before it, vide
judgment and award dated 28.09.2015, partly allowed the claim
petition preferred by the claimants and awarded quantum of
compensation to the tune of Rs.2,38,000/- alongwith interest @
8% p.a. and the liability was fastened upon all the non-claimants
jointly and severally and thus, being dissatisfied of the award
dated 28.09.2015 passed by learned Tribunal in Civil Misc. Case
No.12/2015, insofar as it grants meager compensation amount in
favour of claimants, the claimants have filed the present appeal
for enhancement/modification in the award dated 28.09.2015.
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.
[2024:RJ-JD:43477] (3 of 5) [CMA-2534/2015]
6. Learned counsel representing the claimants/appellants
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.2-
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. 2,38,000/- 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
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
[2024:RJ-JD:43477] (4 of 5) [CMA-2534/2015]
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. 10 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.30,000/- 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
there are two claimants i.e. the parents, this court deems it just to
award Rs. 1,15,000/- (rounded off from Rs.1,14,950) under the
conventional heads.
11. 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. 30,000 x 15) [A] Rs. 2,38,000/-
Conventional Heads [B] [C] Rs. 1,15,000/-
Total [A] + [B] Rs. 5,65,000/- [D]
Enhanced Amount [D]-[C] Rs.3,27,000/-
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.3,27,000/- along with interest
@8% (same as awarded by the learned tribunal) from the filing of
[2024:RJ-JD:43477] (5 of 5) [CMA-2534/2015]
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
59-amit/-
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