Rajasthan High Court - Jodhpur
Indra And Ors vs Hari Kishan And Ors (2024:Rj-Jd:36718) on 3 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:36718]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S.B. Civil Misc. Appeal No. 1014/2004
1. Sharifa w/o late Shri Idu Khan, aged about 51 years,
2. Seema d/o late Sultan Khan, age 3 years,
3. Dhapuri d/o late Idu Khan, aged 13 years,
4. Ikbal s/o late Idu Khan, aged 9 year,
5. Guddi d/o Idu Khan, aged 7 years.
All r/o Basni, at present Sewaj, Tehsil Marwar Junction, District
Pali, Rajasthan.
Appellant-Claimant Nos.3, 4 and 5 minor through their natural
guardian and mother Sharifa w/o late Idu Khan, appellant-
claimant No.1 and appellant-claimant No.2 minor through her
natural guardian and grandmother appellant-claimant No.1
Sharifa w/o late Idua Khan.
----Appellant/Claimants
Versus
1. Hari Kishan s/o Chaila Ram, r/o Dholiwadi Ka Bas, Sojat City,
District Pali (Raj.).
2. Tikamchand s/o Bhola Ram Ghanchi, r/o Rathore Freight
Carrier, NH-14, Modhbhatta, Sojat City, (Raj.).
3. United India Insurance Co.Ltd. Through LIC Building, Mandia
Road, Pali (Raj.).
4. Agarwal Automobiles, Head Office-PL.No.356 Sector 12/B,
Gokul Park, Gandhidham, Kutch, partner Dinesh s/o Motilal
Agarwal.
5. The New India Insurance Company Ltd. Branch Office, Pali
(Raj.).
----Respondent/Non-Claimants.
Connected With
(2) S.B. Civil Misc. Appeal No. 1013/2004
1. Indra w/o Late Ajit Khan, Aged 31 years,
2. Rukhsana d/o Late Ajit Khan, aged 5 years,
3. Sikander s/o Late Ajit Khan, Aged 4 years,
4. Manphool Khan s/o late Ajit Khan, Aged 3 years,
5. Patasi w/o Misru Khan, Aged 46 years.
All r/o Khawaspura, Tehsil Bhopalgarh, District-Jodhpur,
Rajasthan.
Appellant-Claimant Nos.2, 3 and 4 minor through their natural
guardian and mother Indra w/o late Ajit Khan, Appellant-
claimant No.1.
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[2024:RJ-JD:36718] (2 of 5) [CMA-1014/2004]
----Appellants/Claimants
Versus
1. Hari Kishan s/o Chaila Ram, r/o Dholiwadi Ka Bas, Sojat City,
District Pali (Raj.).
2. Tikamchand s/o Bhola Ram Ghanchi, r/o Rathore Freight
Carrier, NH-14, Modhbhatta, Sojat City, (Raj.).
3. United India Insurance Co.Ltd. Through LIC Building, Mandia
Road, Pali (Raj.).
4. Agarwal Automobiles, Head Office-PL.No.356 Sector 12/B,
Gokul Park, Gandhidham, Kutch, partner Dinesh s/o Motilal
Agarwal.
5. The New India Insurance Company Ltd. Branch Office, Pali
(Raj.).
----Respondent
For Appellant(s) : Mr. Mudit Vaishnav for Mr. Rajesh
Parihar, Sr. Advocate
For Respondent(s) : Mr. Anil Bhandari, for respondent
No.2.
Mr. Amit Kumar for respondent No.3.
Mr. D.K. Bhootra (through VC) for
respondent No.4, assisted by Mr.
Abhimanyu Khatri.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
03/09/2024
1. By way of these misc. appeals, the appellants challenge
validity and legality of the judgment/award dated 05.03.2004
passed by the learned MACT, Sojat, Pali in MAC Cases
Nos.120/2002 and 119/2002 whereby the learned Tribunal has
partly allowed the claim petition of the appellants.
2. Succinctly stated facts of the case are that on 01.11.2002 at
around 7.30 pm, non-claimant No.1-Hari Kishan, driving the truck
in a rash and negligent manner, hit a tanker due to which, pillion
[2024:RJ-JD:36718] (3 of 5) [CMA-1014/2004]
riders viz. Sultankhan s/o late Idu Khan and Ajit Khan s/o
Misrukhan received grievous injuries and succumbed to death. A
claim petition was filed by the claimants before the learned
Tribunal under various heads. Replies were filed by the United
India Insurance Co.Limited and National Insurance Co.Limited
while denying the averments made by the claimants. As per
pleadings, issues were framed by the learned Tribunal. Oral as well
as documentary evidences were produced by the claimants to
prove their case. After hearing both the parties, learned Tribunal
awarded quantum of compensation in favour of the claimants and
thus, being dissatisfied of the award, the claimants have preferred
these misc. appeals.
3. Learned counsel representing the appellants/claimants
submits that the learned Tribunal has seriously erred in law and
facts of the case, as the amount of compensation towards
pecuniary head loss of income, is on a lower side. He also submits
that interest also needs to be levied on non-pecuniary heads as
well viz. consortium, funeral expenses and loss of estate. He,
thus, urges that quantum of compensation awarded in favour of
the appellants/claimants, needs to be enhanced.
4. Per contra, learned counsel representing the respondents
restrict their submissions to the extent of quantum of
compensation awarded by the learned Tribunal in favour of the
claimants. In this regard they further submit that quantum of
compensation awarded by the learned Tribunal in favour of the
appellants/claimants, is on a higher side.
5. I have heard and considered the submissions advanced at
Bar and have gone through the materials available on record.
[2024:RJ-JD:36718] (4 of 5) [CMA-1014/2004]
6. This Court finds that in view of law laid down by Hon'ble
Apex Court in the cases of National Insurance Co. Ltd v.
Pranay Sethi : [2017 (16) SCC 680] and Sarla Verma v.
Delhi Transport Corporation : AIR 2009 SC 3104, the
appellants/claimants are entitled to enhancement under loss of
income and non-pecuniary heads.
7. Accordingly, these misc. appeals preferred by the appellants/
claimants are partly allowed. The judgment/award dated
05.03.2004 passed by learned Judge, Motor Accident Claims
Tribunal, Sojat, Pali in MAC Case No.120/2002 and 119/2002 is
modified accordingly and the claimants are held entitled to get
enhanced compensation as under: -
SBCMA No.1014/2004:-
Income of the deceased as per minimum wages Rs.5,44,760/-
i.e. Rs.2,400/- x 12 (per annum) x 18 (loss of income)
(multiplier) = Rs.5,18,400/- x 1/4 (deduction)
= Rs.3,89,000/- x 40% (future prospects) i.e.
Rs.1,55,760/-
(Rs.3,89,000/- + 1,55,760/-)
(Add) Consortium i.e. Rs.48,000/- x 5 Rs.2,40,000/-
(dependents)
(Add) Loss of Estate Rs.18,000/-
(Add) Funeral Expenses Rs.18,000/-
TOTAL Rs.8,20,760/-
(Less) Awarded by Tribunal Rs.2,22,000/-
ENHANCED AMOUNT Rs.5,98,760/-
SBCMA No.1013/2004:-
Income of the deceased as per minimum wages Rs.4,83,840/-
i.e. Rs.2,400/- x 12 (per annum) x 16 (loss of income)
(multiplier) = Rs.4,60,800/- x 1/4 (deduction)
= Rs.3,45,600/- x 40% (future prospects) i.e.
Rs.1,38,240/-
(Rs.3,45,600/- + 1,38,240/-)
(Add) Consortium i.e. Rs.48,000/- x 5 Rs.2,40,000/-
(dependents)
[2024:RJ-JD:36718] (5 of 5) [CMA-1014/2004]
(Add) Loss of Estate Rs.18,000/-
(Add) Funeral Expenses Rs.18,000/-
TOTAL Rs.7,59,840/-
(Less) Awarded by Tribunal Rs.2,22,000/-
ENHANCED AMOUNT Rs.5,37,840/-
8. The appellants/claimants are thus held entitled to get
enhanced compensation of Rs.5,98,760/- (SBCMA
No.1014/2004) and Rs.5,37,840/- (SBCMA No.1013/2004)
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. No costs.
9. Record be returned to the learned Tribunal forthwith.
(DR. NUPUR BHATI),J
202-203-/Devesh Thanvi/-
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