Rajasthan High Court - Jodhpur
Rami Devi And Ors vs Shyopat Ram And Ors. (2025:Rj-Jd:4515) on 23 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:4515]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1854/2013
1. Rami Devi W/o Late. Sh. Hajarimal Ji,
2. Subhash S/o Late Sh. Hajarimal Ji,
3. Devi Lal S/o Late Sh. Hajarimal Ji,
4. Smt. Hukma Devi W/o Sh. Shyodan Ram,
5. Shyodam Ram S/o Sh. Sukha Ram,
By caste Jat, Resident of Vill. Sadasar, Teh. Sardarshahar, Dist.
Churu (Raj.).
----Appellant
Versus
1. Shyopat Ram S/o Sh. Nathu Ram, by caste Jat, Resident of
Vill. Bhanipura, Teh. Sardarshahar, Dist. Churu (Raj.)
2. Shyo Narayan S/o Sh. Indraj, by caste Jat, Resident of
Rolasar, Teh. Sardarshahar, Dist. Churu (Raj.)
3. Royal Sundram Allianz Insurance Company Limited,
Registered office Sundaram Towers 45 & 46 White Road,
Chennai-600314, Head Office No.21, Paltras Road, Chennai-
30002.
----Respondents
For Appellant(s) : Mr. K.R. Saharan
For Respondent(s) : Mr. Dhanpat Choudhary
HON'BLE MS. JUSTICE REKHA BORANA
Judgment
23/01/2025
1. The present misc. appeal has been preferred by the
appellants-claimants seeking enhancement of the compensation
amount awarded vide judgment/award dated 04.07.2013 passed
by the Motor Accident Claims Tribunal, Churu in MAC Case No.
160/2009.
The learned Tribunal, vide impugned judgment/award dated
04.07.2013 awarded a sum of Rs.18,47,846/- in favour of the
claimants alongwith interest @6% per annum from the date of
filing of the claim petition.
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2. Brief facts as pleaded in the claim petition are that on
11.09.2009, Hajarimal and Chandra Shekhar were returning from
Ratangarh after attending a teacher's seminar. At around 8:00 PM,
on reaching near Malsar Village, a pickup bearing registration No.
RJ-10-GA-1501 coming from Sardarshahar being driven rashly and
negligently, hit Hajarimal and Chandrashekar who were standing
on the side of the road which resulted in fatality of both. FIR No.
78/09 pertaining to the said accident was lodged at Police Station
Bhanipura.
The offending vehicle, on the date of accident, was insured
with respondent No.3 - Insurance Company.
3. The appellants-claimants are the dependants of deceased
Hajarimal. The learned Tribunal after framing the issues,
evaluating the evidence available on record and after hearing the
counsel for the parties, while assessing the annual income of the
deceased to be Rs.2,98,640/-, awarded total compensation of
Rs.18,47,846/- in favour of the appellants-claimants, the breakup
of which is as under:
1. Annual Income of the Rs.2,98,640/-
deceased
2. Loss of Income [as per the Rs.17,91,846/-
age of the deceased 53
years, a multiplier of 11, and
1/3rd deductions qua personal
expenses].
3. Under the head of 10,000 x 5 =
'Consortium'
Rs.50,000/-
4. Under the head of 'Funeral Rs.5,000/-
Expenses'
5. Under the head of 'Litigation Rs.1,000/-
Cost'
6. Amount awarded by the Rs.18,47,846/-
Tribunal
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Learned Tribunal also awarded interest @6% per annum
from the date of filing of the claim petition i.e. 05.11.2009.
4. Learned counsel for the appellants raised the following
grounds:
(i) The learned Tribunal erred in omitting to take into
consideration the future prospects of the deceased while
computing the loss of income which is in total contravention to the
principles/guidelines as laid down in the case of National
Insurance Company Limited vs. Pranay Sethi and Ors.;
(2017) 16 SCC 680.
(ii) The learned Tribunal committed a significant error by awarding
insufficient compensation qua the conventional heads.
5. Learned counsel for the respondent Insurance Company is
not in a position to refute the legal position regarding the above
submissions.
6. Heard learned counsel for the parties and perused the
material available on record.
7. Keeping into consideration the settled position of law
regarding the addition to the deceased's future prospects, this
Court draws upon the precedent set in the case of Pranay Sethi
(supra) and holds that addition qua the future prospects of the
deceased will be at the rate of 15%, considering the age of the
deceased i.e. 53 years and permanent nature of his employment.
8. With regard to the amount to be awarded under the
conventional heads, the Hon'ble Apex Court, in the case of
Pranay Sethi (supra) has fixed the amount payable under the
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conventional heads, namely, loss of estate, loss of consortium and
funeral expenses to be Rs. 15,000/-, Rs.40,000/- and Rs.15,000/-
respectively. Further, the Hon'ble Apex Court, in the case of
Magma General Insurance Co. Ltd. vs Nanu Ram Alias
Chuhru Ram;(2018) 18 SCC 130 interpreted 'consortium' to be
a compendious term, which encompasses spousal consortium,
parental consortium as well as filial consortium. Therefore, this
Court is of the opinion that the amount as determined under
conventional heads shall be payable to the claimants.
9. Consequently, the present appeal is partly allowed and the
impugned judgment/award dated 04.07.2013 passed by the Motor
Accident Claims Tribunal, Churu, in MAC Case No. 160/2009 is
modified to the extent that the appellants-claimants shall be
entitled to the following compensation:
1. Annual Income of the deceased Rs.2,98,640/-
2. Loss of Income [as per the age of Rs.25,18,527/-
the deceased 53 years, a multiplier
of 11, addition of 15% qua future
prospects and 1/3rd deductions qua
personal expenses].
3. Under the head of 'Consortium' 40,000 x 5 =
Rs.2,00,000/-
4. Under the head of 'Funeral Rs.30,000/-
Expenses and Loss of Estate'
5. Under the head of 'Litigation Cost' Rs.1,000/-
(as awarded by the Tribunal)
6. Total amount of compensation Rs.27,49,527
7. Amount awarded by Tribunal Rs.18,47,846/-
8. Enhanced amount of compensation Rs.27,49,527/-
- Rs.18,47,846/-
-------------------
Rs.9,01,681/-
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10. The enhanced amount shall carry interest @6% per annum
from the date of filing of the claim petition till the actual payment
is made. The respondent Insurance Company is directed to deposit
the award amount (if not deposited yet) and the enhanced amount
of compensation with the Tribunal within a period of two months
from the date of receipt of the copy of this order, failing which, the
same shall carry interest @7.5% per annum from the date of this
order till actual realization. Upon deposition, the learned Tribunal
is directed to disburse the same to the claimants in terms of the
award.
11. Pending applications, if any, stand disposed of.
(REKHA BORANA),J
357-praveen/-
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