Rajasthan High Court - Jodhpur
Laxmi vs Om Prakash (2024:Rj-Jd:36888) on 4 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:36888]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1002/2021
1. Laxmi W/o Deva Ram, Aged About 42 Years, Lordi
Dejagara, Tehsil And District Jodhpur
2. Puja Barupal D/o Deva Ram, Aged About 21 Years, Lordi
Dejagara, Tehsil And District Jodhpur
3. Bharat Kumar S/o Deva Ram, Aged About 20 Years, Lordi
Dejagara, Tehsil And District Jodhpur
4. Sawai Ram Barupal S/o Deva Ram, Aged About 19 Years,
Lordi Dejagara, Tehsil And District Jodhpur
5. Bhanwari Devi W/o Khinya Ram, Aged About 61 Years,
Lordi Dejagara, Tehsil And District Jodhpur
6. Khinya Ram S/o Likhama Ram, Aged About 77 Years,
Lordi Dejagara, Tehsil And District Jodhpur
----Appellants
Versus
1. Om Prakash S/o Dhala Ram, House No. 216, Isaiyo Ka
Kabristan, Police Station Shastri Nagar, Jodhpur
2. Ravi Kumar S/o Laxman Singh, Rao Colony Masuria,
Police Station Partap Nagar, Jodhpur
3. National Insurance Company Limited, Divisional Office,
12Th Residency Road, Jodhpur At Present Sun Tower, 3-4
Floor, Main Pal Road, Jodhpur 342008
----Respondents
For Appellant(s) : Mr. S.K. Sankhla for claimants.
For Respondent(s) : Mr. T.R.S. Sodha with Mr. Magendra
Singh for respondent-Insurance
Company.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
04/09/2024
1. By way of this misc. appeal, the appellants/claimants have
challenged the legality and validity of the judgment/award dated
15.07.2021 passed by the learned MACT, Jodhpur Metro, in MAC
Case No.128/2017 (NCV No.128/2017) whereby the learned
Tribunal partly allowed the claim petition of the appellants and
awarded meager amount of compensation.
2. Succinctly stated facts of the case are that a claim petition
was filed by the claimants/appellants for claiming the
compensation amount on account of death of Shri Deva Ram, who
died in a motor vehicular accident which took place on
09.10.2016. The deceased sustained severe injuries in the said
[2024:RJ-JD:36888] (2 of 4) [CMA-1002/2021]
accident in question and during the treatment of the same in the
hospital, he succumbed to death on 10.10.2016. Two other claim
petitions were also filed arising out of the same accident and all
the petitions were consolidated by the learned Tribunal.
3. After service of notices, the respondent-Insurance Company
filed its written statement denying the avermnets of the claim
petition. The respondents Nos.1 and 2 chose not to file reply to
the same. As per the pleadings, learned Tribunal framed the issues
of relief. In support of the claim petition, oral as well as
documentary evidence were produced to prove the case. No
evidence was produced in defence.
4. After hearing both the parties, learned Tribunal vide the
impugned judgment/award, partly allowed the claim petition and
awarded compensation in favour of the claimants/appellants and
thus, being dissatisfied of the award, the claimants have preferred
this misc. appeals.
5. 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 i.e. 'loss of income', is on a lower side. He further
submits that income of the deceased should be considered after
deducting the tax amount. He, thus, urges that quantum of
compensation awarded in favour of the appellants/claimants,
needs to be enhanced.
6. Per contra, learned counsel representing the respondents
restricts his submissions to the extent of quantum of
compensation awarded by the learned Tribunal in favour of the
claimants. In this regard he further submits that quantum of
[2024:RJ-JD:36888] (3 of 4) [CMA-1002/2021]
compensation awarded by the learned Tribunal in favour of the
appellants/claimants, is on a higher side. He, thus, urges that the
instant misc. appeal warrants rejection.
7. I have heard and considered the submissions advanced at
Bar and have gone through the materials available on record.
8. 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
quantum of compensation which is awarded by the learned
Tribunal in favour of the appellants/claimants, is on a lower side.
Therefore, the appellants/claimants are entitled to enhancement
under the head 'loss of income' and 'non-pecuniary heads'. This
Court also finds considerable force in the submission of learned
counsel for the appellants/claimants regarding assessment of
income after deducting the tax amount.
9. Apparently thus, the appellants Nos.3 and 4 are sons of the
deceased who were major; 20 and 19 years of age respectively at
the time of accident, therefore, they can be said to be dependent
upon their deceased father. Thus, while calculating loss of income,
deductions towards personal expenses would be made taking into
account sons of deceased i.e. appellants Nos.3 and 4 herein.
10. Accordingly, this misc. appeal preferred by the
appellants/claimants is partly allowed. The judgment/award dated
15.07.2021 passed by learned Judge, Motor Accident Claims
Tribunal, Jodhpur, Metro, in MAC Case No.128/2017 (NCV
No.128/2017) is modified accordingly and the claimants are held
entitled to get enhanced compensation as under: -
[2024:RJ-JD:36888] (4 of 4) [CMA-1002/2021]
"Enhancement towards Pecuniary Heads"
Income of the deceased i.e. Rs.39,965/- per Rs.58,67,978/-
month x 12 (per annum) = Rs.4,79,580/- (loss of income)
(Less) Rs.49,692/- [TAX amount] =
Rs.4,29,888/-
Rs.4,29,888/- x 30% i.e. Rs.1,28,967/- =
Rs.5,58,855/- x 14 (multiplier) =
Rs.78,23,970/- x 3/4 (towards personal
expenses)
"Enhancement towards Non-Pecuniary Heads"
(Add) Consortium i.e. Rs.48,000/- x 6 Rs.2,88,000/-
(dependents)
(Add) Loss of Estate Rs.18,000/-
(Add) Funeral Expenses Rs.18,000/-
TOTAL Rs.61,91,978/-
(Less) Awarded by Tribunal Rs.47,90,100/-
ENHANCED AMOUNT Rs.14,01,878/-
11. The appellants/claimants are thus held entitled to get
enhanced compensation of Rs.14,01,878/- 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.
12. Record be returned to the learned Tribunal forthwith.
(DR. NUPUR BHATI),J
202-Devesh Thanvi/-
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