Rajasthan High Court - Jodhpur
Shobha Devi vs Yunus Ali (2024:Rj-Jd:36388) on 2 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:36388]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Misc. Appeal No. 2444/2019
1. Shobha Devi W/o Late Kesha Ram, Aged About 35 Years,
R/o Jatawas, Tehsil Riyabadi, District Nagaur.
2. Prakash S/o Late Kesha Ram, Aged About 13 Years, Minor
Through Natural Guardian Mother Smt. Shobha Devi. R/o
Jatawas, Tehsil Riyabadi, District Nagaur.
3. Girdhari S/o Late Kesha Ram, Aged About 11 Years, Minor
Through Natural Guardian Mother Smt. Shobha Devi. R/o
Jatawas, Tehsil Riyabadi, District Nagaur.
4. Kum Kiran D/o Late Kesha Ram, Aged About 8 Years,
Minor Through Natural Guardian Mother Smt. Shobha
Devi. R/o Jatawas, Tehsil Riyabadi, District Nagaur.
5. Kum Surja D/o Late Kesha Ram, Aged About 5 Years,
Minor Through Natural Guardian Mother Smt. Shobha
Devi. R/o Jatawas, Tehsil Riyabadi, District Nagaur.
6. Kum Suman D/o Late Kesha Ram, Aged About 5 Years,
Minor Through Natural Guardian Mother Smt. Shobha
Devi. R/o Jatawas, Tehsil Riyabadi, District Nagaur.
7. Rakesh S/o Late Kesha Ram, Aged About 1 Years, Minor
Through Natural Guardian Mother Smt. Shobha Devi. R/o
Jatawas, Tehsil Riyabadi, District Nagaur.
8. Smt. Kelki W/o Bhanwaru Ram, Aged About 82 Years, R/o
Jatawas, Tehsil Riyabadi, District Nagaur.
----Appellants
Versus
1. Yunus Ali S/o Nizam Mohd., R/o Nearby Purani Maszid,
Ward No. 48, Punjab Giro Ka Mohalla, Bikaner, District
Bikaner (Driver Of Vehicle)
2. Giriraj Purohit S/o Asha Ram, R/o House No. 428, Ward
No. 30, Brahampuri, Ajmer, District Ajmer (Owner Of
Vehicle No. 8918)
3. National Insurance Company Limited, Through Its Branch
Manager, Branch Office At Balwant Chowk, Opposite Side
Of Roadways Bus Stand, Nagaur, District Nagaur. (Insurer
Of Vehicle)
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[2024:RJ-JD:36388] (2 of 4) [CMA-2444/2019]
----Respondents
For Appellant(s) : Mr. R.S. Khileri
For Respondent(s) : Mr. Santosh Choudhary for the
respondent Insurance Company
HON'BLE DR. JUSTICE NUPUR BHATI
Judgment
02/09/2024
1. Application (01/24) filed by learned counsel for the
appellants seeking dispensing with service upon unserved
respondents No.1 and 2 is allowed for the reasons mentioned
therein and the service of notice qua unserved respondents No.1
and 2 is dispensed with.
2. The instant misc. appeal has been filed by the
appellant/claimant under Section 173 of the Motor Vehicle Act,
1988 ('the Act of 1988') against the judgment and award dated
09.05.2019 passed by learned Judge, Motor Accident Claims
Tribunal, Merta in Claim Case No.10/2019, whereby the learned
Tribunal partly allowed the claim petition of the claimant/appellant
and awarded compensation of Rs.13,16,848/- along with interest
@ 8% p.a.
3. Brief facts of the case are that the appellant/claimant's son,
Kesha Ram met with an accident on 23.08.2018 when he was
traveling as a pillion rider on the motorcycle bearing number RJ-
21-SJ-8228, with the vehicle bearing number RJ-01-CD-5483,
near Amarprem Petrol Pump, on account of which he sustained
injuries and died on the same day. A claim was filed before the
learned Tribunal under Section 166 of the MV Act wherein the
[2024:RJ-JD:36388] (3 of 4) [CMA-2444/2019]
appellant/claimants claimed a sum of Rs. 48,93,000/-. Learned
Tribunal, after hearing the parties and upon perusal of the record,
awarded a compensation to the tune of Rs. 13,16,848/- with an
interest of 9% p.a.
4. Aggrieved by the meagre amount awarded by the learned
Tribunal on account of death of appellant/claimant no. 1's son, the
appellants/claimants have preferred the present appeal.
5. Learned counsel for the appellants/claimants submits that
the learned Tribunal erred in awarding the consortium to only the
appellant/claimant no. 1, while all the claimants/appellants are
entitled to receive the consortium, and thus prays for
enhancement of the award.
6. Per contra, learned counsel for the respondent-Insurance
Company opposes the same.
7. I have heard and considered the submissions advanced at
Bar.
8. Since, there is no dispute in the factual matrix of the case,
and after arriving at a conclusion that the award passed by the
learned Tribunal needs to be enhanced for providing consortium to
the appellant/claimant no. 2 to 8, this Court directed both the
counsel for the parties, to jointly submit the calculation of the
compensation awardable to the claimants afresh in light of the
guidelines laid down by the Hon'ble Supreme Court in the case of
National Insurance Company Limited v. Pranay Sethi & Ors.
reported in (2017)16 SCC 680 and New India Assurance Company
Limited v. Somwati reported in AIR Online 2020 SC 717. Thus,
compensation is enhanced by awarding consortium to
[2024:RJ-JD:36388] (4 of 4) [CMA-2444/2019]
appellants/claimants no. 2 to 8 @ Rs. 48,000/- each, i.e.
Rs.48,000/- x 7 = Rs. 3,36,000/-.
9. As a consequence, these misc. appeals are partly allowed.
The amount of compensation payable to the claimants is enhanced
by Rs.3,36,000/- which shall not carry any interest since the
consortium increases 10% after every three years in accordance
with the judgment passed by the Hon'ble Supreme Court in the
case of Pranay Sethi (supra). The respondents are accordingly
directed to deposit the said enhanced compensation to the
claimants in their savings bank account within a period of 'two
months' from the date of receipt of certified copy of this order. No
order as to costs.
(DR. NUPUR BHATI),J
157-/amit/-
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