Rajasthan High Court - Jodhpur
Smt.Sunita Devi And Ors vs Khinv Raj And Ors. (2024:Rj-Jd:36712) on 3 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:36712]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 259/2008
1. Smt. Sunita Devi W/o Late Prem Sukh Saran, aged 30 years,
2. Laxman S/o Late Prem Sukh Saran, aged 8 years,
3. Anil S/o Late Prem Sukh Saran, aged 5 years,
4. Smt. Patasi Devi W/o Likhma Ram Saran aged 71 years,
5. Likhma Ram S/o Bhinya Ram Saran, aged 78 years,
Appellant No.2 and 3 are minor through their natural guardian
mother Smt. Sunita Devi.
All Residents of Kantiya, Tehsil Khinvsar, District Nagaur.
----Appellants/Claimants
Versus
1. Khinvraj S/o Chetan Ram, resident of 31-5 Main Kempana
Compound Ganganagar Banglore Karnataka. Permanent resident
of Shree Balaji, District Nagaur. (Driver of the vehicle)
2. Kishore Kumar Suthar S/o Poonam Chand, resident of 144,
Narain Appa Block, Manorainpalaya, RT Nagar Post Banglore,
Karnataka. (Owner of the vehicle)
3. The Tata AIG General Insurance Company through its Branch
Manager, Lotus Tower, Ist Floor, Community Center, Friends
Colony, New Delhi-110065.
----Respondent
For Appellant(s) : Mr. Rajesh Punia
Mr. Madan Lal
For Respondent(s) : Mr. Narpat Singh Rajpurohit
Mr. Anil Bachawat for R/3
HON'BLE DR. JUSTICE NUPUR BHATI
Order
03/09/2024
1. The present appeal has been filed by the appellant/claimants
under Section 173 of the Motor Vehicles Act, 1988 seeking
enhancement and modification in the award dated 07.12.2007
passed by learned Judge, Motor Accident Claims Tribunal, Nagaur,
in Claim Case No.22/2007 titled as Smt. Sunita Devi & Ors. Vs.
Khinvraj & Ors., whereby the learned Tribunal has awarded
compensation in favour of claimants/appellants to the tune of
[2024:RJ-JD:36712] (2 of 4) [CMA-259/2008]
Rs.7,82,120/- along with interest @ 6% p.a. on account of death
of Prem Sukh i.e. claimant's husband.
2. Brief facts of the case are that the appellants/claimants filed
a claim petition under Section 166 of the Motor Vehicle Act, 1988
before the learned Tribunal claiming compensation of
Rs.54,72,000/- on account of death of claimant's husband-Prem
Sukh, in the accident which took place on 07.03.2007. In the
claim petition, it was stated that on 07.03.2007, the deceased
Prem Sukh and Kishna Ram were coming from Soyala to Khinvsar
on Hero Honda Motor Cycle bearing registration No.RJ-21-5A-8622
and Kishan Ram was driving the Motor Cycle. At about 04:15 PM,
when they reached near the Manda Filling Station Nagari on the
main road of Jodhpur to Nagaur, then one Santro Car bearing
No.KA-04-MC-789 came from opposite side being driven by its
driver Shri Khinvraj-respondent No.1 in rashly and negligent
manner and hit the motorcycle running in right side. Due to which
Kishan Ram and Prem Sukh fell down on the earth and Kishna
Ram died on the spot. Prem Sukh sustained grievous injuries and
admitted in the Khinvsar Hospital and referred to MDM Hospital
where he was died during the treatment. The claimants/appellants
filed claim petition before the learned Tribunal claiming
compensation of Rs.54,72,000/- against the respondents i.e.
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 07.12.2007, partly allowed the claim
petition preferred by the claimants and awarded quantum of
compensation to the tune of Rs.7,82,120/- alongwith interest @
[2024:RJ-JD:36712] (3 of 4) [CMA-259/2008]
6% p.a. and the liability was fastened upon all the non-claimants
jointly and severally and thus, being dissatisfied of the award
dated 07.12.2007/- passed by learned Motor Accident Claims
Tribunal, Nagaur in Civil Misc. Case No.22/2007, 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 07.12.2007.
10. Learned counsel representing the claimants/appellants,
submits that the award passed by the learned Tribunal is contrary
to the law and facts and compensation for other heads such as
loss of consortium to each claimant, funeral expenses and loss of
estate and personal expenses are on lesser side. He, thus, urges
for enhancement of the same to the extent of amount claimed in
the claim petition.
11. Per contra, learned counsel representing the respondent
refutes the same.
12. I have heard and considered the submissions advanced at
bar and have gone through the impugned award and the original
record.
13. Since there is no dispute on the factual matrix of the case,
both the counsel were directed to jointly submit the calculation of
the compensation awardable to the claimants afresh in light of the
guidelines laid down by Hon'ble the Supreme Court in the cases of
National Insurance Company Limited vs. Pranay Sethi &
Ors. reported in (2017)16 SCC 680 and Sarla Verma Vs. Delhi
Transport Corporation reported in AIR 2009 SC 3104, The
award is modified in the following manner:
Yearly Salary of the deceased Rs.98,760/-
(Rs.8230*12) (A)
[2024:RJ-JD:36712] (4 of 4) [CMA-259/2008]
Deduction of personal expenses by Rs.24,690/-
1/4(98760/4) (B)
Income now (A-B) 74,070/-
(Add) 50% Future Prospects (50% of 74,070+37,035/-
74070) (C) =Rs. 1,11,105/-
Applying the multiplier of 18 to the income, 19,99,890/-
(111105*18) (D)
Loss of Consortium (Rs.48,000/- x 5) (E) Rs.2,40,000/-
Funeral Expenses (F) Rs.18,000/-
Loss of Estate (G) Rs.18,000/-
TOTAL (D+E+F+G) Rs.22,75,890/-
(Less) Awarded by the Tribunal Rs.7,82,120/-
ENHANCED AMOUNT Rs.14,93,770/-
14. Accordingly, the appeal is allowed and the amount of
compensation payable to the claimants is further enhanced by
Rs.14,93,770/- in the terms stated above. The enhanced
amount shall carry interest @ 6% per annum from the date of
filing of claim petition till the date of deposit. The enhanced
amount shall be deposited by the respondent Insurance Company
with the Tribunal within a period of 'two months' from today failing
which, the interest shall stand enhanced @ 7.5% per annum from
the date of this order till actual realization.
15. Resultantly, the judgment/award dated 07.12.2007 passed
by learned Judge, Motor Accident Claims Tribunal, Nagaur in Civil
Misc. Claim Case No.22/2007 titled as Smt. Sunita Devi & Ors. Vs.
Khinvraj & Ors., is modified accordingly.
17. No order as to costs.
18. Record be returned to the Tribunal forthwith.
(DR. NUPUR BHATI),J
219-amit/-
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