Rajasthan High Court - Jodhpur

United India Insurance Company Limited vs Bharti (2024:Rj-Jd:36719) on 3 September, 2024

Author: Nupur Bhati

Bench: Nupur Bhati

[2024:RJ-JD:36719]

        HIGH COURT of JUDICATURE FOR RAJASTHAN
                       AT JODHPUR
                 S.B. Civil Misc. Appeal No. 2246/2019
United India Insurance Company Limited, Mandiya Road, Pali
through its Regional Manager, National Insurance Co. Ltd., Pal
Road, Jodhpur
                                                                    ----Appellant
                                    Versus
1.       Bharti W/o Late Pukhraj, R/o Sanvlata Khurd, Bhato Ki
         Dhani, Police Station Rohat District Pali.
2.       Khusboo D/o Late Pukhraj, being minor through natural
         guardian Mother Smt. Bharti. R/o Sanvlata Khurd, Bhato
         Ki Dhani, Police Station Rohat District Pali.
3.       Anjali D/o Late Pukhraj, being minor through natural
         guardian Mother Smt. Bharti. R/o Sanvlata Khurd, Bhato
         Ki Dhani, Police Station Rohat District Pali.
4.       Manoj S/o Late Pukhraj, being minor through natural
         guardian Mother Smt. Bharti. R/o Sanvlata Khurd, Bhato
         Ki Dhani, Police Station Rohat District Pali.
5.       Heena D/o Late Pukhraj, being minor through natural
         guardian Mother Smt. Bharti. R/o Sanvlata Khurd, Bhato
         Ki Dhani, Police Station Rohat District Pali.
6.       Doula Ram S/o Lumba Ram, B/c Bhat, R/o Sanvlata
         Khurd, Bhato Ki Dhani, Tehsil Rohat, District Pali. (Driver
         of Motorcycle No. RJ-22-AS-6018)
7.       Mahesh Kumar S/o Om Prakash, B/c Bhat, R/o 248,
         Bhatwado Ka Bas, Railway Station Pali. (Owner of
         Motorcycle No. RJ-22-AS-6018)
                                                                 ----Respondents


For Appellant(s)          :     Mr. Anil Kaushik.
For Respondent(s)         :     Mr. Bharat Singh.


               HON'BLE DR. JUSTICE NUPUR BHATI

Judgment 03/09/2024

1. The appellant/non-claimant No.3 has filed by the instant

appeal under Section 173 of the M.V. Act, 1988, challenging the

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validity of the judgment and award dated 03.04.2019 passed by

learned Judge, Motor Accident Claims Tribunal, Pali ('Tribunal') in

MAC Case No.109/2018, whereby the learned Tribunal has

awarded compensation in favour of claimants to tune of

Rs.14,04,000/- along with interest @ 9% p.a. from the date of

filing the claim petition on account of death of Sh. Pukhraj.

2. Briefly stated, the facts of the case are that claimants filed a

claim petition under Section 140/166 of the M.V. Act, 1988 before

the learned Tribunal claiming compensation on account of

untimely death of their breadwinner late Sh. Pukhraj. In the claim

petition it was stated by the claimants that on 19.11.2017, while

deceased was riding on Motorcycle No.RJ-22-AS-9603 from

Sanwata Khurd to Sanwanta Kallan, in the meanwhile another

Motorcycle (RJ-22-AS-6018), which was plied by its rider in wrong

side, hit the motorcycle of Pukhraj. As a result of which, Pukhraj

sustained head injury and he died during treatment on

25.11.2017. At the time of accident, the deceased was 39 years of

age and thus the claimants filed claim petition claiming

compensation of Rs.1,30,86,000/-.

3. The non-claimants were summoned. After service of the

summons, the non-claimants No.1 and 2 filed their reply to claim

petition while contesting the claim petition. On behalf of non-

claimant No.3 i.e. insurance company, reply to claim petition was

filed while denying the averments therein for want of knowledge.

It was stated in the reply that the deceased was plying the

motorcycle negligently and the accident occurred due to his own

negligence. It was further stated by the non-claimant No.3 that

rider of the offending motorcycle was also not having valid and

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effective licence and thus on account of violation of conditions of

the policy, the liability of paying compensation could not have

been fastened upon the insurance company. It was further stated

that the claimants have claimed excess amount of compensation

and prayed for dismissal of the claim petition.

4. As per the pleadings of the parties, the learned Tribunal

framed four issues, including relief. In support of their claim, the

claimants examined two witnesses, viz. AW.1 Smt. Bharti and

AW.2 Somaram. In documentary evidence, the claimants exhibited

16 documents. On behalf of non-claimants, no evidence was led.

5. The learned Tribunal, after hearing the arguments of the

parties and perusing the material placed before, it vide judgment

and award dated 03.04.2019 proceeded to partly allowed claim

petition and awarded compensation of Rs.14,04,000/- along with

interest @ 9% per annum from the date of filing of claim petition

while holding all the non-claimants jointly and severally liable to

pay the aforesaid compensation.

6. Learned counsel appearing for the appellant insurance

company submits that the learned Tribunal has erred assessing

the monthly income of the deceased at Rs.6000/-, inasmuch as no

documentary evidence was produced by the claimants. Learned

counsel for the appellant insurance company submits that the

learned Tribunal ought to have considered the monthly wages at

Rs.5382/-. Learned counsel for the appellant further submits that

the compensation awarded by the learned Tribunal qua non-

pecuniary loss is also on higher side and the same also deserves

to be awarded in view of Guidelines laid down by the Rajasthan

State Legal Services Authority and in view of judgment passed by

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Hon'ble Court in the case of National Insurance Co. Ltd v.

Pranay Sethi : 2017 (16) SCC 680.

7. On the other hand, learned counsel appearing for claimants

opposes the submissions made by counsel for the insurance

company and submits that the compensation awarded by the

learned Tribunal is adequate

8. While admitting the instant appeal, a Coordinate Bench of

this Court vide order dated 02.09.2019 directed the appellant

insurance company to deposit a sum of Rs.12,00,000/- inclusive of

amount already deposited within a four weeks, and recovery of

remaining amount under the judgment and award dated

03.04.2019 was stayed. The amount upon being deposited was

ordered to be disbursed to the claimants. The stay application

itself was disposed of on 02.09.2019.

9. I have considered the submissions made by counsel for the

parties at length and have perused the material available on

record.

10. This Court finds that the claimants have not produced any

evidence to substantiate the fact that the deceased was earning

Rs.6000/- per month and at the most the deceased could have

been considered an unskilled labour and the monthly wages

should be considered as Rs.5382/- while deducting ¼ qua the

personal expenses of the deceased looking the number of

dependents. This Court also finds that the compensation awarded

under other heads viz. consortium/loss of care and guidance

deserves to be modified. The claimants are thus held entitled to

get compensation under the head of consortium/loss of care and

guidance @ Rs.48,000/- for each claimant and the claim awarded

[2024:RJ-JD:36719] (5 of 6) [CMA-2246/2019]

by the learned Tribunal under the heads of loss of estate and

funeral expenses is also reduced to Rs.18,000/- each.

11. Accordingly, the compensation awarded by the learned

Tribunal towards the loss of income is required to be re-quantified

in view of law laid down by Hon'ble Apex Court in the case of

Sarla Verma v. Delhi Transport Corporation : AIR 2009 SC

3104, which is as under: -

Minimum wages : Rs.5382/-

Yearly income 5382 x 12 = 64,581/- Multiplier of 64,581 x 15 = 9,68,760/- Add Future Prospects 40% = 3,87,504/-

Rs.13,56,264/-

Less: ¼ deduction         Rs.3,39,066/-
Loss of Income             10,17,198/-

12. Accordingly, the compensation is accordingly re-quantified as

under: -

  S. No.                            Particulars                              Amount
      1.      Compensation towards loss of income while adding              Rs.10,17,198/-