Rajasthan High Court - Jodhpur
Suresh Kumar vs Oriental Insurance Company Limited ... on 23 September, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:39459]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 608/2024
1. Suresh Kumar S/o Sh. Rampal Ji, Aged About 50 Years,
R/o Kotadi, District Bhilwara, Rajasthan. (Deceased
Father)
2. Smt. Hema W/o Suresh Kumar, Aged About 45 Years, R/o
Kotadi, District Bhilwara, Rajasthan. (Deceased Mother)
----Appellants
Versus
1. Oriental Insurance Company Limited, Through Branch
Managar, Oriental Insurance Company Limited, Bus Stand
Road, Chittorgarh, Rajasthan. (Insurer Of Pulsor
Motorcycle No. Rj 09-SZ-9428)
2. Prem Devi W/o Bhanwar Lal Ji Harijan, R/o 122, Tilak
Nagar, Senthi, Chittorgarh, Tehsil And District Chittorgarh.
(Owner Of Pulsor Motorcycle No. Rj 09-SZ-9428)
3. Anil Kumar S/o Bhanwar Lal Ji Harijan, R/o 122, Tilak
Nagar, Senthi, Chittorgarh, Tehsil And District Chittorgarh.
(Driver Of Pulsor Motorcycle No. Rj 09-SZ-9428)
----Respondents
For Appellant(s) : Mr. D.S. Gaur
For Respondent(s) : Mr. Rishi Chouhan
HON'BLE DR. JUSTICE NUPUR BHATI
Order
23/09/2024
1. The instant misc. appeal has been filed by the
appellants/claimants under Section 173 of the Motor Vehicles Act,
1988 ['the Act of 1988'] challenging the validity of the
judgment/award dated 19.08.2023 passed by the learned Judge,
MACT, Chittorgarh in MACT Case No.37/2018 whereby the learned
Judge awarded quantum of compensation in favour of the
claimants and respondents/non-claimants Nos.1 and 3 were held
liable to pay the amount of compensation in favour of the
claimants.
2. I have heard and considered the submissions advanced at
Bar and have gone through the impugned award.
[2024:RJ-JD:39459] (2 of 3) [CMA-608/2024]
3. Since there is no dispute on the factual matrix of the case,
thus, in light of the guidelines laid down by Hon'ble the Supreme
Court in the cases of National Insurance Co. Ltd v. Pranay
Sethi : [2017 (16) SCC 680] and Sarla Verma v. Delhi
Transport Corporation : AIR 2009 SC 3104., the claimants are
held entitled for enhancement towards non-pecuniary heads viz.
Consortium, Loss of Estate and Funeral Expenses, as explained in
a tabular form:-
S. No. Particulars Amount Amount
awarded by the awarded and
Tribunal enhanced by
this Court
1. Compensation under Rs.8,13,760/- Rs.8,13,760/-
the head of Loss of
income.
2. Consortium Rs.80,000 Rs.96,000/-
(Rs.40,000/-x 2) (Rs.48,000/-x 2)
3. Loss of Estate Rs.15,000/- Rs.18,000/-
4. Funeral Expenses Rs.15,000/- Rs.18,000/-
GRAND TOTAL [A] [B]
Rs.9,23,760/- Rs.9,45,760/-
[A] minus [B] (DIFFERENCE/ENHANCED Rs.22,000/-
AMOUNT)
4. Accordingly, this misc. appeal preferred by the
appellants/claimants is partly allowed. The judgment/award dated
12.07.2000 passed by the learned Tribunal in MAC Case
No.44/1999, is enhanced and modified accordingly. The
appellants/claimants are thus held entitled to get enhanced
compensation of Rs.22,000/- in the terms stated above. The
enhanced amount shall carry interest as awarded by the learned
Tribunal from the date of filing of claim petition till the date of
deposit.
5. The enhanced amount shall be deposited by the respondents
in the savings bank account of the claimants within a period of
[2024:RJ-JD:39459] (3 of 3) [CMA-608/2024]
'two months' from today failing which, the interest shall stand
enhanced @ 7.5% per annum from the date of this order till actual
realization. No order as to costs.
(DR. NUPUR BHATI),J
15-/Devesh Thanvi/-
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