Rajasthan High Court - Jodhpur
Pappu Lal And Anr vs Shambhu Regar And Ors, ... on 13 February, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:8878]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1316/2014
1. Pappu Lal S/o Kalyan Kahar, age about 39 years.
2. Smt. Sita Bai W/o Pappu Lal Kahar, age about 38 years, both are
resident of outside Udaibhan Gate, Shahpura, District Bhilwara.
----Appellant
Versus
1. Shambhu Regar S/o Kalu Regar, R/o Nandroy, Tehsil Kotdi, P.S.
Bigod, District Bhilwara. (Driver)
2. Megha Ram S/o Chandra Ram Meena, R/o Jalara, P.S. Pander, Tehsil
Jahajpur, District Bhilwara (Owner)
3. The New india Insurance Company Ltd. Through its Divisional
Manager, Divisional Office, Bhilwara. (Insurer)
----Respondent
For Appellant(s) : Mr. Manish Pitaliya
For Respondent(s) : Mr. MP Goswami
HON'BLE DR. JUSTICE NUPUR BHATI
Order
13/02/2025
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 08.05.2014 passed
by learned Judge, Motor Accident Claims Tribunal, Shahpura, District
Bhilwara, ('learned Tribunal') in Claim Case No.552/2010 whereby the
learned Tribunal partly allowed the claim petition filed by the claimants
and awarded compensation of Rs.3,25,000/-, in favour of claimants
along with interest @ 7 % p.a. while fastening the liability upon the
respondents jointly and severally.
2. Brief facts of the case are that on 06.09.2010 at about 4:00 pm,
Maina (deceased) was coming home, suddenly a motor cycle bearing
[2025:RJ-JD:8878] (2 of 5) [CMA-1316/2014]
Registration No.RJ-06-SA-1208, driven in a rash and negligent manner
by the respondent No.2, hit Maina and as a result whereof, she died
during her treatment. Her parents, being the claimants, filed a claim
petition before the learned Tribunal. Notices were issued and
respondents Nos.1,2 and 3, 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 one 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. Learned counsel for the appellant submits that the learned
tribunal has erred in awarding meager amount of compensation to the
deceased on account of her death is of 13 years of age. He submits that
taking into consideration the judgment of Hon'ble Apex Court in the
case of Oriental Insurance Co. Ltd VS. Zaharulnisha & Ors. (Civil
Appeal No.3055/2008) direction of pay and recover may be ordered.
4. Learned counsel for the respondent-Insurance Company
vehemently objects and submits that the learned tribunal has rightly
passed the award.
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.3,25,000/- as quantum of compensation to the
appellants/claimants. However, this court finds that the Hon'ble
[2025:RJ-JD:8878] (3 of 5) [CMA-1316/2014]
Supreme Court in the case of Kishan Gopal and Ors. Vs. Lala and
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., 13 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.30,000/- 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. Taking into
[2025:RJ-JD:8878] (4 of 5) [CMA-1316/2014]
consideration the fact that the judgment of the Hon'ble Apex Court in
the case of Zaharulnisha & Ors (supra), this Court also observes that
though the driver was not having valid license to drive the two wheeler
motor cycle but he was having the license to drive Light Motor Vehicles
hence he was driving a vehicle of totally different class at the time of
accident thus, the learned Tribunal held that Insurance Company is not
liable to pay the compensation, however in the interest of justice, this
Court deems it appropriate to direct the Insurance Company to satisfy
the award which can be recovered from the owner/driver of the
offending vehicle.
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.4,50,000/-
(i.e. Rs.30,000/- x 15) Rs.3,25,000/-
[A] (Lump-sum)
Conventional Heads [C] Rs.1,15,000/-
[B]
Total [A] + [B] Rs.5,65,000/- [D]
Enhanced Amount Rs.2,40,000/-
[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.2,40,000/- along with interest @ 7%
(same as awarded by the learned tribunal) from the filing of the claim
petition as per direction of the learned tribunal as modified by this
Court. The amount of compensation, if any disbursed to the appellants/
claimants, shall be adjusted accordingly. The non-claimant- Insurance
[2025:RJ-JD:8878] (5 of 5) [CMA-1316/2014]
Company is directed to satisfy the award which it would recover the
same from the owner/driver of the offending vehicle. No order as to
costs.
(DR. NUPUR BHATI),J
surabhii/85-
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