Jamna Devi vs Gepar Ram (2024:Rj-Jd:39493)
2024 Latest Caselaw 8375 Raj

Rajasthan High Court - Jodhpur

Jamna Devi vs Gepar Ram (2024:Rj-Jd:39493) on 23 September, 2024

Author: Nupur Bhati

Bench: Nupur Bhati

[2024:RJ-JD:39493]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR

                 S.B. Civil Misc. Appeal No. 2009/2019

1.       Jamna Devi W/o Late Shri Manak Ram, Aged About 36
         Years, R/o Reen Malar, Tehsil Bap, District Jodhpur.
2.       Nirma D/o Late Shri Manak Ram, Aged About 18 Years, R/
         o Reen Malar, Tehsil Bap, District Jodhpur.
3.       Magi D/o Late Shri Manak Ram, Aged About 16 Years,
         Minor Through Natural Guardian Mother Smt. Jamna Devi
         W/o Late Shri Manak Ram. R/o Reen Malar, Tehsil Bap,
         District Jodhpur.
4.       Bhabhuta Ram S/o Late Shri Manak Ram, Aged About 14
         Years, Minor Through Natural Guardian Mother Smt.
         Jamna Devi W/o Late Shri Manak Ram. R/o Reen Malar,
         Tehsil Bap, District Jodhpur.
5.       Alsi S/o Late Shri Manak Ram, Aged About 13 Years,
         Minor Through Natural Guardian Mother Smt. Jamna Devi
         W/o Late Shri Manak Ram. R/o Reen Malar, Tehsil Bap,
         District Jodhpur.
6.       Madu D/o Late Shri Manak Ram, Aged About 11 Years,
         Minor Through Natural Guardian Mother Smt. Jamna Devi
         W/o Late Shri Manak Ram. R/o Reen Malar, Tehsil Bap,
         District Jodhpur.
7.       Dhani D/o Late Shri Manak Ram, Aged About 7 Years,
         Minor Through Natural Guardian Mother Smt. Jamna Devi
         W/o Late Shri Manak Ram. R/o Reen Malar, Tehsil Bap,
         District Jodhpur.
8.       Dhapu D/o Late Shri Manak Ram, Aged About 4 Years,
         Minor Through Natural Guardian Mother Smt. Jamna Devi
         W/o Late Shri Manak Ram. R/o Reen Malar, Tehsil Bap,
         District Jodhpur.
9.       Deva Ram S/o Shri Mana Ram, Aged About 64 Years, R/o
         Reen Malar, Tehsil Bap, District Jodhpur.
10.      Smt. Muli Devi W/o Shri Deva Ram, Aged About 60 Years,
         R/o Reen Malar, Tehsil Bap, District Jodhpur.
                                                                 ----Appellants
                                    Versus
1.       Gepar Ram S/o Shri Rakha Ram, R/o Boyal, Tehsil Pipar


                     (Downloaded on 25/09/2024 at 08:53:51 PM)
 [2024:RJ-JD:39493]                      (2 of 3)                         [CMA-2009/2019]


         City, District Jodhpur. (Driver Motorcycle No. Rj19 Sv
         5021)
2.       Heera Lal S/o Shri Hari Ram, R/o Fakirchand Ki Bagechi,
         Outside       Nagori      Gate,      Jodhpur.         (Registered      Owner
         Motorcycle No. Rj19 Sv 5021)
3.       The New India Assuranfce Company Limited, Divisional
         Office, 196, S.s. Tower, Near Akhalia Circle, Chopasani
         Road,       Jodhpur.    At     Present       Divisional     Office,    Abhay
         Chamber, Jalori Gate, Jodhpur. (Insurer Motorcycle No.
         Rj19 Sv 5021)
                                                                    ----Respondents


For Appellant(s)             :     Mr. S.K. Sankhla
For Respondent(s)            :     Mr. Pawan Ojha



               HON'BLE DR. JUSTICE NUPUR BHATI

Judgment

23/09/2024

1. The appellants claimants have preferred this appeal under

Section 173 of the Motor Vehicles Act being aggrieved of the

judgment-cum-award dated 25.01.2019 passed by the learned

Judge, Motor Accident Claims Tribunal First, Jodhpur, ('Tribunal') in

MAC No.143/2015 whereby, the appellants being the dependents

of late Shri Manak Ram, were awarded an amount of

Rs.12,40,144/- along with interest @ 9% per annum towards

compensation owing to the death of Shri Ram Karan in a road

accident which took place on 13.01.2015.

2. I have heard and considered the submissions advanced at

bar and have gone through the impugned award.

3. 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

[2024:RJ-JD:39493] (3 of 3) [CMA-2009/2019]

the guidelines laid down by Hon'ble the Supreme Court in the case

of National Insurance Company Limited vs. Pranay Sethi &

Ors. reported in (2017) 16 SCC 680 and The New India

Assurance Company Limited vs Somwati [CIVIL APPEAL

NO.3093 OF 2020 decided on 07.09.2020] and which they have

furnished before this court in a tabular form as below:

Particulars Amount awarded by Amount awarded by the Tribunal Court Loss of Income of the Rs. 11,70,144/- Rs. 11,70,144/- deceased Consortium (48,000 x 10) Rs. 40,000/- Rs. 4,80,000/- Loss of Estates Rs. 15,000/- Rs. 18,000/- Funeral Expenses Rs. 15,000/- Rs. 18,000/- Total Rs. 12,40,144/- Rs. 16,86,144/-

Enhanced amount Rs. 4,46,000/-

4. Accordingly, the appeal is allowed and the amount of

compensation payable to the claimants is further enhanced by Rs.

4,46,000/- in the terms stated above. The enhanced amount

shall carry interest @ 9% per annum from the date of filing of

claim petition, as awarded by the learned Tribunal.

5. The award judgment-cum-award dated 25.01.2019 passed

by the learned Judge, Motor Accident Claims Tribunal First,

Jodhpur, ('Tribunal') in MAC No.143/2015 is modified accordingly.

6. Any amount, if already paid, shall be adjusted accordingly.

No costs.

(DR. NUPUR BHATI),J 421-/amit/-

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