Rajasthan High Court - Jodhpur

Ujjawal Dutt And Anr vs Shankar Burrman And Ors. ... on 14 August, 2025

Author: Nupur Bhati

Bench: Nupur Bhati

[2025:RJ-JD:36479]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Civil Misc. Appeal No. 1019/2018

1.       Ujjawal Dutt W/o Shri Surja Dutt, B/c Dutt Kayasth, R/o
         Behind Chopra Katla, Rani Bazzar, Bikaner
2.       Surja Dutt S/o Shri Chandra Kumar Dutt, B/c Dutt
         Kayasth, R/o Behind Chopra Katla, Rani Bazzar, Bikaner
                                                                      ----Appellants
                                      Versus
1.       Shankar Burrman S/o Sh. Akshay Kumar, B/c Burman
         Brahmin, R/o Behind Chopra Katla, Rani Bazzar, Bikaner
         Registered Driver Of Vehicle No. Rj-07-Sj-6672
2.       Suresh Kumar S/o Sh. Akshay Kumar, B/c Burman
         Brahmin, R/o Behind Chopra Katla, Rani Bazzar, Bikaner
         Registered Owner Of Vehicle No. Rj-07-Sj-6672
3.       United      India   Insurance          Company            Limited   Through
         Manager, Panchsati Circle, Sardulganj, Bikaner Insurer Of
         Vehicle No. Rj-07-Sj-6672
                                                                    ----Respondents


For Appellant(s)             :    Mr. Nikhil Ajmera
                                  Mr. Aman Bishnoi Bola
For Respondent(s)            :    Mr. Aditya Singhi, for the Insurance
                                  Company.



               HON'BLE DR. JUSTICE NUPUR BHATI

Order

14/08/2025

1. Application (No.01/2025) filed by the appellants' counsel for

early hearing of the misc. appeal is disposed of with the consent

of both the parties to hear and decide the same today itself.

2. This misc. appeal has been filed under Section 173 of the

Motor Vehicles Act, 1988 [for the sake of brevity, hereinafter

referred to as 'the Act of 1988'], against the judgment and award

dated 06.12.2017 passed by the learned Motor Accident Claims

[2025:RJ-JD:36479] (2 of 6) [CMA-1019/2018]

Tribunal, Bikaner [for the sake of brevity, hereinafter referred to

as 'learned Tribunal'] in MACT Case No.293/2012 titled as "Ujjwal

Dutt & Ors. v. Shankar Burman & Ors.", whereby, compensation

awarded by the learned Tribunal was on lower side and the

respondents were directed to pay the said compensation jointly

and severally.

3. At the risk and cost of learned counsel for the appellants,

vide order dated 08.01.2021, service of notice upon respondents

Nos.1 and 2 have been dispensed with.

Facts of the case:-

4. The respondent No.1 (driver) herein along with the deceased

Raju Dutt (pillion rider) was going home in Rani Bazar Chopra

Katla on his motorcycle bearing Registration No.RJ-07-SJ-6672

from Bichhwal workshop. Due to rash and negligent driving of the

respondent No.1, the motorcycle skidded on the over bridge near

Rani Bazar and Raju Dutt was thrown away on the stone slabs

lying nearby whereupon, he succumbed on the way to the hospital

by sustaining grievous injuries on his head and other body parts.

5. After the said incident, FIR was registered at the Police

Station Kotegate, Bikaner and investigation commenced and

charge-sheet came to be filed against the respondent No.1.

Thereafter, claim petition under Section 166 of the Act of 1988

was filed by the claimants before the learned Tribunal. Oral as well

as documentary evidences were produced by the claimants to

prove their case whereas, respondents filed reply while denying

the averments made in the claim petition. Respondent No.3

Insurance Company also filed its reply while denying the

averments made in the claim petition.

[2025:RJ-JD:36479] (3 of 6) [CMA-1019/2018]

6. After hearing both the parties, learned Tribunal, Bikaner,

framed 3 issues, which were decided in favour of the

appellants/claimants wherein vide order dated 06.12.2017,

learned Tribunal partly allowed the claim petition and awarded a

sum of Rs.06,05,484/- as compensation in favour of the

appellants. Thus, being aggrieved of learned Tribunal, awarding

meager amount, the claimants have preferred the present misc.

appeal.

Submissions of learned counsel representing the

appellants:-

7. Learned counsel for the appellants restrict their submissions

on two grounds: firstly; despite the statutory document i.e.

Income Tax Return Verification Form submitted for the Assessment

Year 2010-11 (Ex.16) and Assessment Year 2011-12 (Ex.-17), the

learned Tribunal has not considered the same on the ground that

there is no oral or documentary evidence produced to indicate the

occupation of the deceased and secondly; the learned Tribunal has

erred in not awarding compensation under the head of

Consortium. They, thus, urge, that the impugned judgment and

award passed by the learned Tribunal may be modified and the

amount of compensation may be enhanced.

Submissions of learned counsel representing the

respondent-Insurance Company:-

8. Per contra, learned counsel representing the Insurance

Company opposes and submits that award passed by the learned

Tribunal is just and proper wherein, income of the deceased and

the compensation towards the Non-Pecuniary heads has been

rightly assessed.

[2025:RJ-JD:36479] (4 of 6) [CMA-1019/2018]

Conclusion:-

9. I have heard and considered the submissions advanced at

Bar and have carefully gone through the impugned judgment and

award as well as record of the case.

10. It is seen from the record of the case that there are 2

Income Tax Returns submitted by the appellants-claimants viz.

Exhibit 16 and Exhibit-17 for the Assessment Year 2010-11 and

Assessment Year 2011-12 respectively, in which, the income of

the deceased has been reflected as Rs.1,58,280 (Ex.16) and

Rs.1,58,680/- (Ex.17) and the same being statutory document,

the learned Tribunal ought to have considered the latest Income

Tax Return for the Assessment Year 2011-12. It is also not refuted

by the learned counsel representing the Insurance Company that

the deceased expired on 31.12.2011 and the Income Tax Return

for the Assessment Year 2011-12 was filed on 12.10.2011. Thus,

this Court deems it fit to enhance the quantum of compensation

awarded by the learned Tribunal in favour of the claimants.

11. 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 case 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                          Amount                      Amount
                                     Awarded by                  Awarded by
                                     Tribunal                    this Court

(A) Annual Income of the Rs.48,360/- (as Rs.1,58,680/- (as deceased per the wages per the latest ITR

[2025:RJ-JD:36479] (5 of 6) [CMA-1019/2018]

notification) i.e. AY-2011-12) (Ex.17) (B) Future Prospects 40% Rs.67,704/- Rs.2,22,152/- Rs.1,58,680/- + 40% = Deduction 1/2 as there are Rs.33,852/- Rs.1,11,076/-

two dependents.            (Rs.67,704 x 1/2)

Rs.2,22,152/-        minus
Rs.1,11,076/-
Rs.1,11,076/-          x         17 (A)              (A)
(multiplier) =                      Rs.5,75,784/-    Rs.18,88,292/-
                                    (Loss         of (Loss          of
                                    income)          income)
(+) Consortium                                   NIL              (B) Rs.96,800/-
Rs.48,400/- x 2

Loss of estate and funeral (B) Rs.30,000/- Already awarded expenses (already awarded (Rs.15,000/- each) by the learned by learned Tribunal) Tribunal.

TOTAL (A) + (B)                                                   Rs.19,85,092/-
AWARDED          BY   LEARNED Rs.6,05,484/-
TRIBUNAL
ENHANCED AMOUNT                                                   Rs.13,79,608/-
Rs.19,85,092/- minus Rs.6,05,484/-

12. As a consequence, the instant misc. appeal is partly allowed.

The amount of compensation awarded to the claimants is further

enhanced by Rs.13,79,608/- in the terms stated above. The

enhanced amount shall carry interest @ 9% per annum (as

awarded by the learned Tribunal) 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 enhanced @ 12% per annum from

the date of this order till actual realization. The amount of

compensation, if any, disbursed in favour of the claimants, shall be

adjusted accordingly.