Rajasthan High Court - Jodhpur
Sharda Devi And Ors vs Nawal Singh And Ors. ... on 11 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:37839]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 396/2017
1. Sharda Devi Widow/o Late Sh. Kapura Ram, aged 26
years,
2. Shravan Kumar S/o Late Sh. Kapura Ram, aged 7 years,
3. Anu Kumari D/o Late Sh. Kapura Ram, aged 4 years,
4. Radha Kumari D/o Late Sh. Kapura Ram, aged 1 year
5. Kani Devi @ Kanki W/o Talsa Ram, aged 52 years,
6. Talsa Ram S/o Harnathji, aged 56 years,
All Residents Oo Kyariya, Revdar, District-Sirohi,
Rajasthan. (Appellant No. 2 To 4 Minors Through Mother
And Natural Guardian Appellant No. 1)
----Appellants/Claimants
Versus
1. Nawal Singh S/o Bhagwan Singh, Resident Of Vasda,
Tehsil- Abu Road, District- Sirohi Raj. - .....Driver
2. Bhagwan Singh S/o Bheru Singh, Resident Of Vasda,
Tehsil- Abu Road, District- Sirohi Raj. - ...Owner
3. Hdfc Ergo General Insurance Company Ltd. Through Its
Manager, 6Th Floor, Leela Business Park, Andheri Kurla,
Andheri East, Mumbai- 400059. ....Insurance company
----Respondents
For Appellant(s) : Mr. Ravi Panwar for Claimants
For Respondent(s) : Mr. Santosh Chowdhary for Insurance
Company
HON'BLE DR. JUSTICE NUPUR BHATI
Order
11/09/2024
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 26.11.2016
passed by learned Judge, Motor Accident Claims Tribunal, Abu
[2024:RJ-JD:37839] (2 of 4) [CMA-396/2017]
Road, District Sirohi, in Claim Case No.35/2013 titled as Sharda
Devi & Ors. Vs. Nawal Singh & Ors. whereby the learned Tribunal
has awarded compensation in favour of claimants/appellants to
the tune of Rs.10,70,000/- along with interest @ 6% p.a. on
account of death of Kapura Ram i.e. claimant's husband.
2. Brief facts of the case are that on 09.12.2012, Kapura Ram
was going to Sundhamata temple along with Mukesh and
Mahendra by a Max vehicle bearing registration No. RJ-06-T-0220.
The vehicle was being driven by the respondent No.1. when the
vehicle reached above Dantlawas village and little earlier before
Power House, due to rash and negligent driving of respondent
No.1, the vehicle collided with a Neem tree and turned down. As a
result of which they all sustained injuries and Kapura Ram died
during his treatment. The claimants/appellants filed claim petition
before the learned Tribunal claiming compensation of
Rs.23,60,000/- 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 26.11.2016, partly allowed the claim
petition preferred by the claimants and awarded quantum of
compensation to the tune of Rs.10,70,000/- alongwith interest @
6% p.a. and the liability was fastened upon all the non-claimants
jointly and severally and thus, being dissatisfied of the award
dated 26.11.2016 passed by learned Motor Accident Claims
Tribunal, Abu Road, District Sirohi in Civil Misc. Case No.35/2013,
insofar as it grants meager compensation amount in favour of
[2024:RJ-JD:37839] (3 of 4) [CMA-396/2017]
claimants, the claimants have filed the present appeal for
enhancement/modification in the award dated 26.11.2016.
4. 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.
5. Per contra, learned counsel representing the respondent
refutes the same.
6. I have heard and considered the submissions advanced at
bar and have gone through the impugned award and the original
record.
7. 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.48,984/-
(Rs.4082*12) (A)
Deduction of personal expenses by Rs.36,738/-
1/4(48,984-48984/4) (B)
(Add) 40% Future Prospects (40% of 36738+14695= Rs.
36,738/-) (C) 51,433/-
Applying the multiplier of 17 to the income, 8,74,361/-
(51,433*17) (D)
Loss of Consortium (Rs.48,000/- x 6) (E) Rs.2,88,000/-
[2024:RJ-JD:37839] (4 of 4) [CMA-396/2017]
Funeral Expenses (F) Rs.18,000/-
Loss of Estate (G) Rs.18,000/-
TOTAL (D+E+F+G) Rs.11,98,361/-
(Less) Awarded by the Tribunal Rs.10,70,000/-
ENHANCED AMOUNT Rs.1,28,361/-
8. Accordingly, the appeal is allowed and the amount of
compensation payable to the claimants is further enhanced by
Rs.1,28,361/- 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.
9. Resultantly, the judgment/award dated 26.11.2016 passed
by learned Judge, Motor Accident Claims Tribunal, Abu Road,
District Sirohi in Civil Misc. Claim Case No.35/2013 titled as
Sharda Devi & Ors. Vs. Nawal Singh & Ors. is modified
accordingly.
10. No order as to costs.
11. Record be returned to the Tribunal forthwith.
(DR. NUPUR BHATI),J
58-amit/-
Powered by TCPDF (www.tcpdf.org)
