Rajasthan High Court - Jodhpur
Lal Mohammad And Anr vs General Manager Rsrtc And Ors. ... on 10 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:37566]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2500/2016
1. Lal Mohammad S/o Shri Rahim Baksh, Bigga Bass, Ward
No. 15, Sri Dungargarh, District- Bikaner
2. Bhanwari Devi W/o Shri Lal Mohammad, Bigga Bass,
Ward No. 15, Sri Dungargarh, District- Bikaner
----Appellants
Versus
1. General Manager Operation, Rajasthan State Road
Transport Corporation, Jaipur
2. Chief Manager Opertaion Rajasthan State Road Transport
Corporation, Anoopgarh, Sri Ganganagar
3. Tarsem Singh S/o Shri Karam Singh, 6 Msr, Police Station
Anoopgarh, Sri Ganganagar
4. Managing Director, Rajasthan State Road Transport
Corporation, Jaipur
----Respondents
For Appellant(s) : Mr. Pranav Bhardwaj for Mr. Sanjay
Nahar
For Respondent(s) : Mr. LK Purohit
HON'BLE DR. JUSTICE NUPUR BHATI
Order
10/09/2024
1. The instant misc. appeal has been filed by the
claimants/appellants under Section 173 of the Motor Vehicles Act,
1988 ('the Act of 1988') challenging the validity of
judgment/award dated 28.06.2016 passed by the learned Judge,
MACT, Bikaner, in MAC Case No.546/2011 (269/2014) whereby
claim petition of the claimants was allowed and they were
awarded an amount of compensation to the tune of Rs.4,65,232/-
in total with the interest @ 7.5% p.a.
[2024:RJ-JD:37566] (2 of 5) [CMA-2500/2016]
2. Brief facts of the case are that on 10.08.2011 at about 2:00
PM, deceased Mahmood was coming from Ratangarh to
Dungargarh in a bus No.RJ-13-PA-2651. When deceased got out
of the bus near the Samaj Kalyan Vibhagh Hostel, the bus did not
stop properly and scrunched the deceased with the rear tyres. The
bus on account of being driven in a rash and negligent manner by
respondent No.2, resulted the death of deceased Mahmood on the
spot.
3. Thereafter, learned Tribunal issued notices to the non-
claimants. Respondents Nos.1 and 2 filed reply and denied all the
averments whereas respondent No.3 (driver) did not appear
despite service, therefore ex-parte proceedings were initiated
against him. As per the pleadings, learned Tribunal framed four
issues. Thereafter, claimants in support of their claim petition,
examined 2 witnesses and exhibited several documents to prove
their case whereas one Tarsem Singh, Driver was produced as
N.A.W.1 from defendant's side.
4. After hearing both the parties, the learned Tribunal allowed
the claim petition of the claimants and vide judgment/award dated
28.06.2016 awarded quantum of compensation to the tune of
Rs.4,65,232/- with the interest @7.5%p.a.Thus, being dissatisfied
of the award, the claimants have preferred the claim petition.
5. Learned counsel for the claimants/appellants submits that
due to untimely death of deceased Mahmood, family members had
suffered mental loss and pain but the learned Tribunal failed to
take the same into consideration and has awarded a meager
amount towards non-pecuniary heads viz. consortium, funeral
expenses and loss of estate. The learned counsel on behalf of the
[2024:RJ-JD:37566] (3 of 5) [CMA-2500/2016]
appellants/claimants furthers submits that the learned Tribunal
erred in considering the income of the deceased as per minimum
wages despite the fact that he was a tailor and was getting
Rs.10,000/- per month. Learned counsel for the appellant further
submits that looking to the age of the deceased, future prospect
deserves to be 40% but the learned Tribunal has erred in not
awarding any amount under the Head of Future Prospects without
there being any reason therefore, the loss of dependency was not
correctly considered.
6. Per contra, learned counsel for the insurance company
vehemently opposes the submissions advanced by the appellants'
counsel. He submits that the learned Tribunal has rightly
considered the income of the deceased as Rs.4316/- in the
absence of any evidence adduced thereto.
7. I have heard and considered the submissions advanced at
Bar and have gone through the impugned award.
8. This Court finds that the compensation awarded under
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 @ Rs.48,000/- for
each claimant and the claim awarded by the learned Tribunal
under the heads of loss of estate and funeral expenses is also
modified to Rs.18,000/- each. This Court also finds that future
prospects deserve to be 40% looking to the age of the deceased.
Further the income of the deceased was rightly considered by the
learned Tribunal as per minimum wages in absence of any proof
regarding the income. Both the counsel were directed to jointly
submit the calculation of the compensation awardable to the
[2024:RJ-JD:37566] (4 of 5) [CMA-2500/2016]
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:-
Particulars Awarded by Amount
Tribunal
Income of the deceased Rs.51,792/- Rs.51,792/-
(4316x12)
(Less) deduction 1/2nd i.e. Rs.25,896/- Rs.25,896/-
Rs.51,792/- x 1/2 =25,896/-
(Add) 40% Future Prospects Rs.36,254/-
i.e.Rs.10,358/-
(25,896+10,358)=36,254/-
Rs.36,254/- x 17 (multiplier) Rs.4,40,232/- Rs.6,16,318/-
(Add) Rs.18,000/- towards Rs.5,000/ Rs.36,000/-
funeral expenses and (Funeral
Rs.18,000/- towards loss of expenses)
estate
(Add) Rs.48,000/- towards loss Rs.20,000/- Rs.96,000/-
of consortium x 2
(dependents)
TOTAL Rs.4,65,232/- Rs.7,48,318/-
ENHANCED AMOUNT Rs.2,83,086/-
10. Accordingly, the instant misc. appeal is partly allowed and
the amount of compensation payable to the claimants is further
enhanced by Rs.2,83,086/- 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 respondents/non-
claimants jointly and severally with the Tribunal within a period of
two months from today failing which, the interest shall stand
[2024:RJ-JD:37566] (5 of 5) [CMA-2500/2016]
enhanced @ 7.5% per annum from the date of this order till actual
realization.
11. The award judgment-cum-award dated 28.06.2016 passed
by the learned Judge, MACT, Bikaner, in MAC Case No.546/2011
(269/2014), is modified accordingly. No order as to costs.
(DR.NUPUR BHATI),J
surabhii/103-
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