Rajasthan High Court - Jodhpur
Nathmal @ Natthu Ram And Anr vs Hukma Ram And Anr. (2025:Rj-Jd:8682) on 12 February, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:8682]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 2740/2017
1. Nathmal @ Natthu Ram S/o Shri Bhagirath Ram,
2. Smt. Naini W/o Shri Nathmal @ Natthu Ram, Both By Caste
Jat, Resident Of Tadawas, Tehsil Khinvsar, District Nagaur.
----Appellants
Versus
1. Hukma Ram Tada S/o Heera Ram Tada, By Caste Jat, Resident
Of Tadavas, Tehsil Khinvsar, At Present Resident Of Aathuna
Baas, Khinvsar, District Nagaur. Regd. Owner And Driver Of
Car No. Rj 21 Ca 8335
2. Ifco Tokyo General Insurance Company Ltd., Registered Office
4,5 Floor, Ifco Tower, Plot No. 3, Sector 29, Gurgaon Haryana-
122 001 Through Its Branch Manager. Insurance Company Of
Car No. Rj 21 Ca 8335
----Respondents
For Appellant(s) : Mr. KR Choudhary
For Respondent(s) : Mr. Jagdish Vyas-Insurance Company
HON'BLE DR. JUSTICE NUPUR BHATI
Order
12/02/2025
1. The present civil misc. appeal has been preferred by the
appellants/claimants under Section 173 of the Motor Vehicles Act, 1988
('MV Act') assailing the judgment and award dated 07.07.2017 passed
by learned Judge, Motor Accident Claims Tribunal, Nagaur, ('learned
Tribunal') in Claim Case No.40/2016 (computer no.57/2016), whereby
the learned Tribunal partly allowed the claim petition filed by the
claimants and awarded compensation of Rs.3,19,500/-, in favour of
claimants along with interest @ 7.5% p.a. while fastening the liability
upon the respondents jointly and severally.
2. Brief facts of the case are that on 26.12.2015 at about 01:30 pm,
Ranjeet (deceased) was coming from Khinvsar to Tadavas by bus and
when he reached near Tadavas village, a Swift Car bearing Registration
[2025:RJ-JD:8682] (2 of 4) [CMA-2740/2017]
No.RJ-21-CA-8335, driven in a rash and negligent manner by the
respondent No.1, hit Ranjeet and as a result whereof, he died during his
treatment. His parents, being the claimants, filed a claim petition before
the learned Tribunal. Notices were issued and respondents Nos.1 and 2,
filed reply to the claim petition while denying the averments made in
the claim petition. On the basis of the pleadings, the learned Tribunal
framed four issues. Oral as well as documentary evidences were
produced by the claimants in support of their claim petition and on the
other hand no evidence was produced by the respondents and after
hearing both the parties, the learned Tribunal partly allowed the claim
petition of the claimants and held the respondents liable to pay the
quantum of compensation in favour of the claimants and thus, being
dissatisfied of the quantum, the appellants have preferred the instant
misc. appeal.
3. Since there is no dispute as to the facts of the case the learned
counsel appearing on behalf of the appellants/claimants has restricted
his submissions only to the quantum of the compensation awarded by
the learned tribunal, as the learned tribunal has erred in awarding such
meager compensation on account of the death of the deceased child.
4. Per contra, learned counsel for the respondent-Insurance
Company opposes and submits that the award passed by the learned
Tribunal is just and calls for no interference by this Court.
5. I have heard and considered the submissions advanced at Bar and
have gone through the material available on record.
6. This Court finds that the learned Tribunal has awarded the amount
of Rs.3,19,500/- as quantum of compensation to the
appellants/claimants. However, this court finds that the Hon'ble
Supreme Court in the case of Kishan Gopal and Ors. Vs. Lala and
[2025:RJ-JD:8682] (3 of 4) [CMA-2740/2017]
Ors. : [(2014) 1 SCC 244], where the age of the deceased child was
10 years has taken the notional income of the deceased child as Rs.
30,000/- p.a. looking to the facts and circumstances. Further, the
Hon'ble Supreme Court in the case of Kurvan Ansari and Ors. Vs.
Shyam Kishore Murmu and Ors. : [(2022) 1 SCC 317], where the
age of the deceased child was 7 years, has taken notional income of the
deceased child as Rs. 25,000/- p.a. and after applying Multiplier of 15
granted total of Rs. 3,75,000/- under the head of 'loss of dependency'
and also an amount of Rs. 40,000/- to each of the parents under the
head of filial consortium and Rs.15,000/- under the head of funeral
expenses. Furthermore, the Hon'ble Supreme Court in the case of
Meena Devi Vs. Nunu Chand Mahto and Ors : [(2023) 1 SCC
204], where the age of the deceased child was 12 years, has taken the
notional income as Rs. 30,000/- p.a. including future prospect and
applied Multiplier of 15 to arrive at the compensation awardable under
the head of 'loss of dependency' and awarded Rs. 50,000/- under the
conventional heads.
7. Thus, looking to the age of the deceased child (i.e., 8 years) and
peculiar facts and circumstances of the present case and in the light of
the above cited judgments, this court deems it appropriate to take the
notional income of the deceased child as Rs.25,000/- p.a. Also, the
applicable multiplier would be of 15 in the light of the judgment of the
Hon'ble Supreme Court in the case of Divya vs. The National
Insurance Co. Ltd. and Ors. :[2022 INSC 1108]. Further, looking
into the facts of the instant case where there are two claimants
including mother and father of the deceased, this court deems it just to
award Rs.1,15,000/- towards conventional heads.
[2025:RJ-JD:8682] (4 of 4) [CMA-2740/2017]
8. Thus, in view of discussion in the above paragraphs the
compensation awardable to the appellants/claimants is as under:
Particulars Awarded by Tribunal Awarded/modified by
the Court
Loss of dependancy Rs.3,75,000/-
(i.e. Rs.25000/- x 15) Rs.3,19,500/-
[A] (Lump-sum)
Conventional Heads [C] Rs.1,15,000/-
[B]
Total [A] + [B] Rs.4,90,000/- [D]
Enhanced Amount Rs.1,70,500/-
[D]-[C]
9. Thus, the instant appeal preferred by the appellants/claimants is
partly allowed. The impugned award passed by the learned tribunal is
modified accordingly.
10. Therefore, the appellants/claimants are held entitled to get
enhanced compensation of Rs.1,70,500/- along with interest @ 7.5%
(same as awarded by the learned tribunal) from the filing of the claim
petition in the same manner as directed by the learned tribunal. The
amount of compensation, if any disbursed to the appellants/claimants,
shall be adjusted accordingly. No order as to costs.
(DR. NUPUR BHATI),J
Surabhi/162-
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