Rajasthan High Court - Jodhpur
Vimla And Ors vs Orinetal Insurance Co Ltd. And Ors ... on 20 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:39041]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2479/2011
1. Vimla W/o late Balwani Singh
2. Soni S/o late Balwani Singh
3. Sugni Devi W/o Leelu Ram
All resident of Post Stondi, Sub Tehsil Garunda, District Karnal
(Haryana)
Appellant-claimant no.2 minor through his natural guardian and
mother Smt. Vimla appellant claimant No.2
----Appellant
Versus
1. Orinetal Insurance Co Ltd. Through its Branch Office, Pali and
Divisional Office at Residency Road, Jodhpur
2. Ajab Singh S/o Samay Singh, resident of Khevada Police
Station, Khevada District Merut (UP)
3. Smt S Gugnani W/o Hans Raj resident of 13/3 Geeta Colony,
Delhi 31
4. Naresh Kumar S/o Amar Singh resident of Shop No.4 Anand
Mandi, Kethal District Kethal (Haryana)
5. The New India Assurance Company Ltd. Kethal and Divisional
Office at Abhay Chambers, Jalore Gate Jodhpur
----Respondent
For Appellant(s) : Mr. Mudit Vaishnav for Mr. Rajesh
Panwar, Sr. Advocate
For Respondent(s) : Mr. LD Khatri
HON'BLE DR. JUSTICE NUPUR BHATI
Order
20/09/2024
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 19.07.2003 passed by the learned Judge,
MACT Sojat, District Pali, in MAC Case No.123/1994 whereby claim
[2024:RJ-JD:39041] (2 of 5) [CMA-2479/2011]
petition of the claimants was allowed and were awarded an
amount of compensation to the tune of Rs.1,71,400/- in total with
the interest @ 6% p.a.
2. Brief facts of the case are that on 30.03.2024 at about 1:00
AM, deceased Balwani along with Pawan and other persons were
standing towards the Sojat road with their Truck No.HR08/5775
placing the jack, at that time, non-claimant driver driving the
vehicle Truck bearing Registration No.RSC.6025 coming from
opposite side in a rash and negligent manner, hit the truck
resulting into death of both Balwani and Pawan. A complaint was
lodged against the driver of the offending vehicle.
3. Thereafter, learned Tribunal issued notices to the non-
claimants. Respondents Nos.1 and 5 filed reply and denied all the
averments. Respondent No.2 chose not to file reply and despite
service, none appeared on behalf of respondent Nos.3 and 4, ex-
parte proceedings initiated against them. As per the pleadings,
learned Tribunal framed issues. Thereafter, claimants in support of
their claim petition, examined 4 witnesses and exhibited several
documents to prove their case whereas no witness(es) or any
document(s) was examined or led in defence.
4. After hearing both the parties, the learned Tribunal allowed
the claim petition of the claimants and vide judgment/award dated
19.07.2003 awarded quantum of compensation to the tune of
Rs.1,71,400/- with the interest @6% p.a. and being dissatisfied of
the award, the claimants have preferred the claim petition.
5. Learned counsel for the claimants/appellants submits that
due to untimely of death of deceased Balwani, family members
had suffered mental loss and pain but the learned Tribunal failed
[2024:RJ-JD:39041] (3 of 5) [CMA-2479/2011]
to take the same into consideration and has awarded a meager
amount towards consortium. Further, learned counsel for the
appellants/claimants submits that the learned Tribunal has only
applied multiplier of 13 whereas it should be applied 17 as per the
age of deceased, thus the award deserves to be enhanced. He
further submits that the claim awarded by the learned Tribunal
under the heads of loss of estate and funeral expenses is also
required to be modified. 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 but, he is not in position to dispute the same.
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 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% and the
multiplier should be applied 17 as per the age of the deceased.
Both the counsel were directed to jointly submit the calculation of
the compensation awardable to the claimants afresh in light of the
[2024:RJ-JD:39041] (4 of 5) [CMA-2479/2011]
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
Monthly Income of the Rs.1300/- Rs.1300/-
deceased
(Less) deduction 1/3rd i.e. Rs.900/- Rs.867/-
Rs.1300/- x 1/3 of 1300/-
Annual income of the deceased Rs.10,800/- Rs.10,404/-
(Add) 40% Future Prospects Not awarded Rs.14,566/-
i.e.Rs.10,404/-
(10,404+4,160=14,566/-)
Rs.14,566 x 17 (multiplier) Rs.2,47,615/-
(Add) Rs.18,000/- towards Rs.3000/- Rs.36,000/-
funeral expenses and (Funeral
Rs.18,000/- towards loss of expenses)
estate
(Add) Rs.48,000/- towards loss Rs.25,000/- Rs.1,44,000/-
of consortium x 3
(dependents)
TOTAL Rs.4,27,615/-
AWARDED BY TRIBUNAL Rs.1,71,400/-
ENHANCED AMOUNT Rs.2,56,215/-
10. Accordingly, the instant misc. appeal is allowed and the
amount of compensation payable to the claimants is further
enhanced by Rs.2,56,215/- 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:39041] (5 of 5) [CMA-2479/2011]
enhanced @ 7.5% per annum from the date of this order till actual
realization.
11. The award judgment-cum-award dated 19.07.2003 passed
by the learned Judge, MACT. Sojat, District Pali, in MAC Case
No.123/1994, is modified accordingly. No order as to costs.
(DR. NUPUR BHATI),J
surabhii/102-
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