Rajasthan High Court - Jodhpur
Ganga Ram And Ors vs Mafat Lal @ Mafa Ram And Ors. ... on 12 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:37964]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 754/2015
1. Ganga Ram S/o Poonma Ji, aged 50 years, R/o Vasan Tehsil
Reodar and District Sirohi.
2. Chandra Devi W/o Ganga Ram aged 40 years, R/o Vasan,
Tehsil Reodar and District Sirohi.
3. Raju S/o Ganga Ram aged 24 years, R/o Vasan, Tehsil Reodar
& District Sirohi.
4. Aruna D/o Ganga Ram, aged 18 years, R/o Vasan, Tehsil
Reodar & District Sirohi.
----Appellant/Claimants
Versus
1. Mafat Lal @ Mafa Ram S/o Bhura Ji, R/o Village Pipliya
Dattani, Tehsil Reoder, District Sirohi. ....Driver
2. Kalu Singh S/o Roop Singh, R/o Dabbani, P.S. Anadara, Tehsil
and District Sirohi. ....Owner
3. National Insurance Company Ltd. Through Divisional Manager,
Residency Road, Opposite Rotary Club, Jodhpur. .....Insurer
----Respondents
For Appellant(s) : Mr. Richin Surana for Claimants
For Respondent(s) : Mr. Rajesh Chowdhary for Insurance
Company
HON'BLE DR. JUSTICE NUPUR BHATI
Order
12/09/2024
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 26.05.2014
passed by learned Judge, Motor Accident Claims Tribunal, Sirohi in
Civil Misc. Claim Case No.83/2010 titled as Ganga Ram & Ors. Vs.
Mafatlal & Ors., whereby the learned Tribunal has awarded
compensation in favour of claimants/appellants to the tune of
Rs.4,21,800/- along with interest @ 7% p.a. on account of death
of claimants' Son-Mukesh Kumar.
[2024:RJ-JD:37964] (2 of 4) [CMA-754/2015]
2. Brief facts of the case are that the appellants/claimants filed
a claim petition under Section 166 and 140 of the Motor Vehicle
Act, 1988 before the learned Tribunal claiming compensation of
Rs.48,81,000/- on account of death of claimants' son Mukesh
Kumar, in the accident which took place on 19.01.2010. In the
claim petition, it was stated that on 19.01.2010 at about 10:15
PM, Mukesh Kumar (since deceased) along with Kantilal and
Tararam were going from Reodar to Vasan on Motorcycle bearing
Registration No.RJ-24-2M-7192. When they reached near the
bridge (Naala), respondent No.-1 while driving his Jeep bearing
Registration No.RJ-16-T-0723 in rash and negligent manner, hit
the motorcycle, due to which, all three persons got simple and
grievous injuries and Kantilal dies on the spot and Mukesh Kumar
died during the treatment. The claimants/appellants filed claim
petition before the learned Tribunal against the respondents i.e.,
driver, owner and Insurance Company. The accident was reported
and an FIR No.5/2010 was registered at concerned police station.
3. The learned Tribunal, after hearing the arguments of the
parties and considering the material produced before it, vide
judgment and award dated 26.05.2014, partly allowed the claim
petition preferred by the claimants and awarded quantum of
compensation to the tune of Rs.4,21,800/- alongwith interest @
7% p.a. and the liability was fastened upon all the non-claimants
jointly and severally and thus, being dissatisfied of the award
dated 26.05.2014 passed by learned Motor Accident Claims
Tribunal, Sirohi in Civil Misc. Case No.83/2010, insofar as it grants
meager compensation amount in favour of claimants, the
[2024:RJ-JD:37964] (3 of 4) [CMA-754/2015]
claimants have filed the present appeal for
enhancement/modification in the award dated 26.05.2014.
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, loss of
estate and medical 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 New India Assurance
Company Limited Vs. Smt. Somwati & Ors. reported in
(2020) 9 SCC 644. The award is modified in the following
manner:
Yearly Salary of the deceased Rs.36,000/-
(Rs.3000*12) (A)
Deduction of personal expenses by Rs.18000/-
1/2(36000-18000) (B)
(Add) 40% Future Prospects (40% of 18000+7200 Rs.
18000/-) (C) 25,200/-
[2024:RJ-JD:37964] (4 of 4) [CMA-754/2015]
Applying the multiplier of 17 to the income, 4,28,400/-
(25,200*17) (D)
Loss of Consortium (Rs.48,000/- x 4) (E) Rs.1,92,000/-
Funeral Expenses (F) Rs.18,000/-
Loss of Estate (G) Rs.18,000/-
Medical Expenses (H) Rs.57,522/-
TOTAL (D+E+F+G+H) Rs.7,13,922/-
(Less) Awarded by the Tribunal Rs.4,21,800/-
ENHANCED AMOUNT Rs.2,92,122/-
8. Accordingly, the appeal is allowed and the amount of
compensation payable to the claimants is further enhanced by
Rs.2,92,122/- 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 26.05.2014 passed
by learned Judge, Motor Accident Claims Tribunal, Sirohi in Civil
Misc. Claim Case No.83/2010 titled as Ganga Ram & Ors. Vs.
Mafatlal & Ors., is modified accordingly.
10. No order as to costs.
11. Record be returned to the Tribunal forthwith.
(DR. NUPUR BHATI),J
2-amit/-
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