Rajasthan High Court - Jodhpur

United India Ins. Co. Ltd vs Smt. Rajani And Ors. ... on 19 September, 2024

Author: Nupur Bhati

Bench: Nupur Bhati

[2024:RJ-JD:38766]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 1457/2016

1. United India Ins. Co. Ltd. Divisional Office- Opp Gurudwara,
Near Shastri Circle, Udaipur through its legally constituted
authority, T.P. Claims Hub, Divisional Office, 74-A Bhati N Plaza,
Pal road, Jodhpur
                                                                   ----Appellant
                                    Versus
1. Smt. Rajani W/o late Shri Achal Singh Deora
2. Mst. Chiranjita @ Chiksu D/o late Shri Achal Singh Deora.
Minor, through her natural guardian mother smt. Rajni
3. Kalu Singh S/o shri Nathu Singh Deora
4. Smt Anupama W/o Shri Kalu Singh Deora
all resident of Anusadan 1-Pa-35-36, opposite LIC Officers
Colony, Hiranmagri, Sector-4 Udaipur
5. Arshad Hussain S/o Mohd. Hussain Mewati, resident of
Rounpur, PS Nagina, District Nuhu Mewat, Haryana, C/o M/s
Delhi Baroda Road Carriers (P) Ltd, AG-47 Sanjay Gandhi
Transport Nagar, Delhi (Truck Driver)
6. Rajesh Dharamshalani S/o Shri Jhamnadas Sindhi, 281,
Chankyapure, Hiranmagri Sector 4 Udaipur (Car Owner-cum-
driver)
7. M/s Delhi Baroda Road Carrier (P) Ltd.AG-47, Sanjay Gandhi
Transport Nagar, Delhi (Truck Owner)
8. National Insurance Company Ltd. Divisional Office 6, Bapu
Bazar, Udaipur (Insurer of Truck)
                                                                 ----Respondent


For Appellant(s)          :     Mr. Jagdish Vyas
For Respondent(s)         :     Mr. Mudit Vaishnav for Mr. Rajesh
                                Pawnar, Sr. Advocate
                                Mr. Naresh Khatri for Mr. Deepak
                                Menaria


               HON'BLE DR. JUSTICE NUPUR BHATI

Order 19/09/2024

1. By way of this misc. appeal, the appellant-United India

Insurance Company has challenged the legality and validity of the

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judgment/award dated 30.09.2015 passed by the learned Judge

MACT (I) Udaipur in MAC Case No.57/2008 (721/2011) whereby

the learned Tribunal allowed the claim petition and awarded

Rs.42,86,000/- to the claimants @ 9 per cent per annum as

interest.

2. Succinctly stated facts of the case are that a claim petition

was filed by the claimants for claiming the compensation amount

on account of death of Shri Achal Singh, who was sitting in the car

along with other relatives, when they reached near mavli road, car

dashed with truck bearing no.HR38/M-8702, the accident took

place on 10.11.2007. Thereafter, the deceased sustained severe

injuries in the said accident in question and he succumbed to

death. Charge-sheet was filed against drivers of the car and truck.

3. After filing of claim petition, notices were issued. None

appeared on behalf of driver of the truck and therefore, ex-parte

proceedings was initiated against him. A reply was filed on behalf

of driver of the car while submitting that the accident has

happened due to negligence on part of driver of the truck. Reply

was also filed on behalf of respondent-Insurance Company as well

as United India Insurance Company while denying the averments

made in the claim petition. It was further stated that truck was

parked but suddenly, a car came there and dashed the truck,

therefore, the said accident occurred due to the negligence on

part of the driver of the car and the offending vehicle was not

liable for the accident. It was further alleged that the driver of the

offending vehicle was not having a valid and effective driving

license and also was not having the permit as well as fitness

[2024:RJ-JD:38766] (3 of 6) [CMA-1457/2016]

certificate to ply the same. The insurance company is not liable to

pay any amount of compensation. Thus, the insurance company

as well as united India Insurance Company craved for dismissal of

the claim petition. thus, urged that claim petition of the claimants

deserves dismissal.

4. After hearing both the parties, learned Tribunal has framed

issues. In support of the claim petition, 2 witnesses have been

examined and documentary evidence were produced to prove the

case. One witness and some documentary evidence were also

produced in defence. The learned Tribunal allowed the claim

petition and awarded compensation in favour of the

claimants/appellants and thus, being dissatisfied of the award, the

appellant- United India Insurance Company has preferred this

misc. appeal.

5. Learned counsel representing the appellant submits that the

learned Tribunal has seriously erred in assessing the monthly

income of the deceased as Rs.18,000/- and also increasing 50%

towards future prospects. He also submits that since the accident

took place on 10.11.2007, the income tax slabs as per the

financial year 2007-2008 ought to have been applied and

subsequently the learned tribunal was required to deduct income

tax from the said annual income. He further submits that the

learned Tribunal committed erred while deducting only 1/4 of

income towards the personal expenses of the deceased as father

of deceased cannot be considered to be dependent upon his

income and therefore 1/3rd of the income should have been

deducted towards his personal expenses. He also submits that

[2024:RJ-JD:38766] (4 of 6) [CMA-1457/2016]

future prospect should be 40% whereas the learned Tribunal gave

50%, it should also be reduced as the deceased was not in a

stable job and there is no positive evidence to prove the enhance

of the income. He, thus, urges that quantum of compensation

awarded in favour of the appellant/claimant, needs to be reduced.

6. Per contra, learned counsel for the respondents vehemently

opposes the submissions advanced at Bar by the learned counsel

for the appellant-United India Insurance Company and submits

that the instant misc. appeal warrants rejection.

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

parties and have perused the material available on record.

8. Both the counsel were directed to submit a calculation of the

compensation awarded to the claimants afresh in light of the

guidelines as laid down by Hon'ble Apex Court in the Cases of

National Insurance Company Limited vs. Pranay Sethi &

Ors. : (2017)16 SCC 680, and Sarla Verma Vs. Delhi

Transport Corporation : AIR 2009 SC 3104. This Court finds

that awarding compensation towards future prospects to the

extent of 50% to the claimants is not in consonance with the

judgment passed by Hon'ble Apex Court in the case of Pranay

Sethi (supra) and the same should have been 40%. This Court

also finds substance in the argument advanced by the learned

counsel for the appellant that the income tax should have been

deducted while calculating the loss of income of the deceased.

9. This Court also finds that the compensation awarded by the

learned Tribunal towards loss of consortium Rs.1,30,000/- is also

[2024:RJ-JD:38766] (5 of 6) [CMA-1457/2016]

on higher side and, therefore, the same is also modified and re-

quantified; the claimants are held entitled for compensation of

Rs.48,000/- (48,000x4) towards loss of consortium as well as loss

of estate and funeral expenses should be 36,000/-. After arriving

at a conclusion that the award passed by the learned Tribunal

deserves to be modified, this Court directed both the counsel to

submit the calculation jointly. The said calculation has been

furnished in a tabular form, which is as follows:-

Annual salary of the deceased (₹18,000 x ₹2,16,000/-

12), (Less) Income Tax levied on the income of Rs.1,97,080/- deceased (2,16,000-18,920) (Add) 40% of rise in income towards future prospects i.e. ₹1,97,080/- x 40% ₹2,57,912/- =₹78,832/- + ₹1,97,080/-

(Less) deduction of 1/3rd i.e. Rs.2,57,912/- ₹1,71,941.4/-(net (2,57,912 - 85,970.6) = ₹1,71,941.4/- income after deduction) Multiplied by 17 as age of the deceased was ₹29,23,003.8/- 29 years (Add) ₹48,000/- x 4 (consortium) ₹1,92,000/-

(Add) other Heads (funeral expenses = ₹36,000/-

₹18,000/- + loss of estate = ₹18,000/-)
TOTAL                                                             ₹31,51,003.8/-
(Less) Already awarded by Tribunal                                    ₹42,86,000/-
Reduced Amount                                                    ₹11,34,996.2/-

10. As an upshot of the above discussion, the instant misc.

appeal preferred by the appellant- United India Insurance

Company is partly allowed. The judgment/award impugned dated

30.09.2015 passed by the learned MACT (I) Udaipur in MAC Case

No.57/2008 (721/2011), is modified and the claimants are thus

[2024:RJ-JD:38766] (6 of 6) [CMA-1457/2016]

held entitled to get compensation of Rs.31,51,003.8/- instead of

Rs.42,86,000/- from the appellant and respondent Nos.6 to 8 as

determined by the learned Tribunal along with interest @ 6 % p.a.

The amount of compensation, if any disbursed to the claimants,

shall be adjusted accordingly.

(DR.NUPUR BHATI),J surabhii/119--