Rajasthan High Court - Jodhpur
Kanti Lal Ahari vs Pankaj And Ors. (2025:Rj-Jd:8850) on 13 February, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:8850]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 925/2014
Kanti Lal Ahari S/o Shri Vasuji Ahari, age 29 years, R/o Saklal
Fala Anela, Tehsil Khairwada, District Udaipur.
----Appellant/Claimant
Versus
1. Pankaj S/o Shri Ruplal Damore, R/o Modivasa, Fala
Kaniyala, Post Naya Gaon, Tehsil Khairwada, District
Udaipur.
(Driver of Truck No.GJ-09-Z-3945)
2. Basanti Lal S/o Kura Patel, R/o Gulabpura, Post Parosara,
Thana and Taluka Vijaynagar, District Himmat Nagar-
Sabarkantha, Gujrat 383460, presently R/o Village Mahida,
Post Naya Gaon, Tehsil Khairwada, District Udaipur.
(Owner of Truck No.GJ-09-Z-3945)
3. The New India Insurance Company Limited, through :
Branch Manager, Branch office Bapu Bazar, Udaipur
(Rajasthan).
(Insurance Company of Truck No.GJ-09-Z-3945)
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 696/2014
The New India Insurance Company Limited, through Divisional
Manager, The New India Assurance Co. Ltd, Bapur Bazar,
udaipur.
(Insurer of Truck No.GJ-09-Z-3945)
----Appellant/Non-claimant
Versus
1. Shri Kantilal Ahari S/o Shri wasuji Ahari, age 29 years,
Residence of Saklal Fla Anela, Tehsil Kherwada, District
Udaipur, Rajasthan.
Respondent/Claimant
2. Shri Pankaj S/o Shri Rooplal Damore, age Major, R/o
Modiwasa, Fla Kaniyala, Post Nya Gaon, thesil Kherwada,
District Udaipur, Rajasthan.
(Driver of Truck No.GJ-09-Z-3945)
3. Basanti Lal S/o Kura Patel, age Major, R/o Gulabpura, Post
Parosara, Thana and Taluka Vijaynagar, District Himmat
Nagar-Sabarkantha, Gujrat 383460, presently R/o Village
Mahida, Post Naya Gaon, Tehsil Kherwada, District Udaipur.
(Owner of Truck No.GJ-09-Z-3945)
----Respondent
S.B. Civil Misc. Appeal No. 926/2014
Shri Kanti Lal Ahari S/o Shri Vasuji Ahari, age 29 years,
Residence of Saklal Fala Anela, Tehsil Khairwada, District
Udaipur.
----Appellant/Claimant
Versus
1. Shri Pankaj S/o Shri Rooplal Damore, R/o Modivasa, Fala
Kaniyala, Post Nya Gaon, Tehsil Khairwada, District Udaipur.
(Driver of Truck No.GJ-09-Z-3945)
2. Basanti Lal S/o Kura Patel, R/o Gulabpura, Post Parosara,
(Downloaded on 15/02/2025 at 06:08:17 AM)
[2025:RJ-JD:8850] (2 of 7) [CMA-925/2014]
Thana and Taluka Vijaynagar, District Himmat Nagar-
Sabarkantha, Gujrat 383460, presently R/o Village Mahida,
Post Naya Gaon, Tehsil Khairwada, District Udaipur.
(Owner of Truck No.GJ-09-Z-3945)
3. The New India Insurance Company Limited, through :
Branch Manager, Branch office Bapu Bazar, Udaipur
(Rajasthan).
(Insurance Company of Truck No.GJ-09-Z-3945)
----Respondent
S.B. Civil Misc. Appeal No. 927/2014
Kanti Lal Ahari S/o Shri Vasuji Ahari, age 29 years, Residence of
Saklal Fala Anela, Tehsil Khairwada, District Udaipur.
----Appellant/Claimant
Versus
1. Shri Pankaj S/o Shri Rooplal Damore, R/o Modivasa, Fala
Kaniyala, Post Nya Gaon, Tehsil Khairwada, District Udaipur.
(Driver of Truck No.GJ-09-Z-3945)
2. Basanti Lal S/o Kura Patel, R/o Gulabpura, Post Parosara,
Thana and Taluka Vijaynagar, District Himmat Nagar-
Sabarkantha, Gujrat 383460, presently R/o Village Mahida,
Post Naya Gaon, Tehsil Khairwada, District Udaipur.
(Owner of Truck No.GJ-09-Z-3945)
3. The New India Insurance Company Limited, through :
Branch Manager, Branch office Bapu Bazar, Udaipur
(Rajasthan).
(Insurance Company of Truck No.GJ-09-Z-3945)
----Respondents
For Appellant(s) : Mr. Manish Rajpurohit for claimant
For Respondent(s) : Mr. MP Goswami for Mr. Anil
Bachhawat for Insurance Company
Ms. Avya Gupta for
Mr. Rajat Dave
HON'BLE DR. JUSTICE NUPUR BHATI
Order
13/02/2025
1. The SBCMA Nos. 925/2014, 926/2014 and 927/2014 have
been preferred by the claimant under Section 173 of the Motor
Vehicles Act, 1988 ('MV Act') assailing the common judgment and
award dated 28.02.2014 passed by learned Judge, Motor Accident
Claims Tribunal No.1, Udaipur ('learned Tribunal') in MACT Case
[2025:RJ-JD:8850] (3 of 7) [CMA-925/2014]
Nos.766/2012, 765/2012 & 764/2012 respectively, whereby the
learned Tribunal partly allowed the respective claim petitions filed
by the claimant and awarded compensation of Rs.10,03,000/-,
Rs.1,50,000/- & Rs.1,50,000/-, respectively in favour of claimant
along with interest @ 9% p.a. while fastening the liability upon the
respondents. SBCMA No.696/2014 has been preferred by the
insurance company-The New India Insurance Company Limited
challenging the impugned award passed in MACT Case
No.766/2012.
2. Brief facts of the case are that on 21.05.2012, Shanti Lal,
Sangita and Smt. Kavali were going towards Vijaynagar in a jeep,
and when they reached Modivasa, a Truck bearing Registration
No.GJ-09-Z-3945, driven in a rash and negligent manner, hit the
Jeep and as a result of which Shanti Lal, Sangita and Smt. Kavali
died. The claimants filed claim petitions before the learned
Tribunal under Section 166 of the Motor Vehicles Act. On the basis
of the pleadings, the learned Tribunal framed issues. Oral as well
as documentary evidences were produced by the parties and after
hearing both the parties, the learned Tribunal partly allowed the
claim petition of the claimant and held the respondents liable to
pay the quantum of compensation in favour of the claimant.
Aggrieved by the same, both the claimant and the insurance
company have preferred their respective appeals.
[ In S.B. Civil Misc. Appeal Nos.925/2014 & 696/2014]
3. Learned counsel for the insurance company submits that the
award has been given challenge only to the extent of wrong
computation of income of the deceased wife of the claimant. He
[2025:RJ-JD:8850] (4 of 7) [CMA-925/2014]
submits that the learned Tribunal has wrongly assessed the
income of the deceased as Rs.4050/- despite the fact that she was
a homemaker and no document was submitted so as to
demonstrate the income of the deceased wife. He also submits
that the future prospects has wrongly been awarded at the rate of
50% and the deduction towards personal expenses has also been
wrongly made at the rate of 1/3 instead of 1/2.
4. Learned counsel for the claimant submits that income has
rightly been assessed as Rs.4050/-. He also submits that the
Hon'ble Supreme Court in the case of Kirti vs Oriental
Insurance Company Limited [AIR 2021 SC 353] has held that
though there is no definite formula to assess the notional income
of the homemaker, however, it is the duty of the Court to award
just and fair compensation considering the facts and
circumstances of the case. He further submits that the deduction
towards personal expenses and the future prospects has rightly
been awarded to the claimant.
5. Heard learned counsel for the parties.
6. This Court finds that the income of the deceased has rightly
been assessed by the learned Tribunal to the tune of Rs.4050/-
per month as it is only in absence of documents regarding income,
the contribution of homemaker in the family cannot be
undermined from the fact that she was not an earning member of
the family and while taking into consideration the case of Kirti
(supra), this Court finds that the learned Tribunal has rightly
assessed the income of the deceased as Rs.4050/-, however, the
learned Tribunal has wrongly awarded future prospects @ 50%
and the same ought to have been awarded @ 40% looking to the
[2025:RJ-JD:8850] (5 of 7) [CMA-925/2014]
age of the deceased's wife i.e. 25 years as per the judgment of
the Hon'ble Supreme Court in National Insurance Company
Limited vs. Pranay Sethi & Ors. reported in (2017)16 SCC
680. Further, the learned Tribunal has wrongly made deduction of
1/3 on account of personal expenses of deceased and the same
ought to have been 1/2 looking to the number of dependents as
per the ratio of Hon'ble Supreme Court in Sarla Verma Vs. Delhi
Transport Corporation reported in AIR 2009 SC 3104.
Therefore, the impugned award deserves to be modified in the
following manner:
S.N Particulars Amount as Amount as
o. awarded by the awarded/modif
learned ied by this
tribunal court
1. (add) Compensation towards loss
of dependency:
48,600 (annual) + 19,440 (future
prospect @40%) - 34,020 (1/2 Rs.8,74,800/- Rs.6,12,360/-
deduction on account of personal
expenses) x 18 (Multiplier) =
Rs.6,12,360/- [A]
2. (add) Loss of Consortium 48,400
Rs. 1,00,000/- Rs.48,400/-
x 1 = 48,400/- [B]
3. (add) Funeral Expenses [C] Rs.25,000 /- Rs.18,150/-
4. (add) Loss of Estate [D] Rs.1,000/- Rs. 18,150/-
5. Transportation [E] Rs.2,000/- Rs.2,000/-
(same as
awarded by
Tribunal)
Gross Total [A]+[B]+[C]+[D]+[E] Rs.10,02,800/- Rs.6,99,060/-
[F] [G]
Reduced Amount [F]-[G] Rs.03,03,740/-
[2025:RJ-JD:8850] (6 of 7) [CMA-925/2014]
7. Therefore, in view of the discussion in the above paragraphs,
the appeal preferred by the insurance company - S.B. Civil Misc.
Appeal No. 696/2014 is partly allowed only to the extent of
quantum of compensation and the appeal preferred by the
claimant - S.B. C.M.A. No. 925/2014 is dismissed.
8. Accordingly, the claimant is held entitled to the modified
compensation of Rs.6,99,060/- along with interest @9% (same as
awarded by the learned Tribunal) from the date of filing of the
claim petition in the manner as directed by the learned tribunal.
The amount of compensation if any paid or disbursed shall be
adjusted.
[ In S.B. Civil Misc. Appeal Nos. 926/2014 & 927/2014]
9. Learned counsel for the claimant submits that the age of the
deceased child in SBCMA No.926/2014 is 03 years and in SBCMA
No.927/2014, age of the deceased child is 05 year, however, the
learned Tribunal has awarded a meager amount of compensation
and the same requires to be enhanced in light of the RSLSA
Guidelines for MACT Cases, 2024.
10. Learned counsel for the insurance company affirms the
same.
11. Heard learned counsel for the parties and perused the
material available on record.
12. Since both the parties have jointly requested to modify the
compensation as awarded by the learned Triubnal in the light of
the RSLSA Guidelines, for MACT Cases, 2024 ('MACT Guidelines'),
this Court finds that as per MACT Guidelines, in case of child death
where the deceased child falls into the age group of 0-5 years, the
[2025:RJ-JD:8850] (7 of 7) [CMA-925/2014]
lump-sum amount of Rs.3.50 lakhs is payable. Thus, considering
the joint request of the parties, the amount awarded by the
learned Tribunal in both the claim petitions (MACT Case
Nos.765/2012 & 764/2012) is enhanced to Rs.3,50,000/- each in
the light of MACT Guidelines.
13. Accordingly, the instant appeals preferred by the
appellant/claimant are partly allowed and the appellant/claimant
are held entitled to the enhanced compensation of Rs.2,00,000/-
(Rs.3,50,000 - Rs.1,50,000) each in MACT Case Nos.765/2012 &
764/2012 along with interest @ 9% (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 appellant/claimant, shall be
adjusted accordingly. No order as to costs. The impugned award
passed by the learned tribunal is modified accordingly. The
amount of compensation if any paid or disbursed shall be
adjusted.
14. Record be sent back forthwith.
(DR. NUPUR BHATI),J
81-84-Ajay/-
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