Rajasthan High Court - Jodhpur
Chollamandalam M.S. Gen. Ins. Co. Ltd vs Smt. Santosh Devi And Ors. ... on 28 January, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:5392]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2837/2016
1. Smt. Santosh Devi W/o Late Diyaram @ Deeparam, aged
about 29 years, R/o Village Lodiya Ki Dhani, Pundlota,
Tehsil Degana, District- Nagaur
2. Vijay Sardiya @ Vijay Raj S/o Late Diyaram @ Deeparam,
aged about 09 years R/o Village Lodiya Ki Dhani,
Pundlota, Tehsil Degana, District- Nagaur
3. Rajveer @ Rajveer Serdiya S/o Late Diyaram @
Deeparam, aged about 07 years R/o Village Lodiya Ki
Dhani, Pundlota, Tehsil Degana, District- Nagaur
4. Smt. Gekha Devi @ Gekhli W/o Ramaram @ Ramuram,
aged about 66 years R/o Village Lodiya Ki Dhani,
Pundlota, Tehsil Degana, District- Nagaur
5. Ramaram @ Ramuram S/o Late Sujaram, aged about 77
years R/o Village Lodiya Ki Dhani, Pundlota, Tehsil
Degana, District- Nagaur
----Appellants/claimants
Versus
1. Rajesh Kumar @ Raju Berwa S/o Bhanwar Lal, R/o Near
By Bus Stand, Fulera District- Jaipur, Presently Resident
Of Madanganj Kishanganj, District- Ajmer
(Driver of Mini Truck No.RJ-21-GA-4174)
2. Jogiram S/o Suganchand, R/o Jaghadwas, Tehsil Degana,
District- Nagaur.
(Regd. Owner of Mini Truck No.RJ-21-GA-4174)
3. Cholamandalam M.s. General Insurance Company Ldt.
Through Branch Office, Plot No. 18, K.p. Tower, Near
Bombe Motor Circle, Upper Chopasani Road, District-
Jodhpur.
(Insurance co. of Mini Truck No.RJ-21-GA-4174)
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 2774/2016
Chollamandalam M.s. General Insurance Co. Ltd., Through
Branch Manager, Branch Office Plot. No. 18, K.p. Tower, Near By
Bombay Motor Circle, Upar Chopasani Road, Jodhpur, District-
Jodhpur.
----Appellant
Versus
1. Smt. Santosh Devi W/o Late Diya Ram @ Deeparam, age
30 years, R/o Post Lodiya Ki Dhani, Pundlotha, Tehsil-
Degana And District- Nagore.
2. Vijay Sherdiya @ Vijayraj S/o Late Diya Ram @
Deeparam, age 10 years, R/o Post Lodiya Ki Dhani,
Pundlotha, Tehsil- Degana And District- Nagore.
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[2025:RJ-JD:5392] (2 of 6) [CMA-2837/2016]
3. Rajvir @ Rajveer Sherdiya S/o Late Diya Ram @
Deeparam, age 8 years, (Minor claimants from s.no.2 to3,
through his natural guardian, mother Smt. Santosh Devi)
[Claimant No.1] R/o Post Lodiya Ki Dhani, Pundlotha,
Tehsil- Degana And District- Nagore.
4. Smt. Gaykha Devi @ Gaykhali W/o Ramaram @
Ramuram, age 67 years, R/o Post Lodiya Ki Dhani,
Pundlotha, Tehsil- Degana And District- Nagore.
5. Ramaram @ Ramuram S/o Late Sujaram, age 76 years,
R/o Post Lodiya Ki Dhani, Pundlotha, Tehsil- Degana And
District- Nagore.
..........Claimants
6. Rajesh Kumar @ Raju Berwa S/o Shri Bhanwarlal, R/o
Near By Bus Stand, Phuleram District- Jaipur Now
Madanganj Kishanganj, District- Ajmer
(Driver Of Mini Truck No. Rj-19-Ga-4174)
7. Jogiram S/o Suganchand, R/o Zagadwas, Tehsil- Degana,
District- Nagore.
(Registered Owner Of Mini Truck No. Rj-19-Ga-4174)
.........Non-Claimant
----Respondents
For Appellant(s) : Mr. NS Khileri for Claimants
For Respondent(s) : Mr. Aditya Singhi for Insurance
Company
HON'BLE DR. JUSTICE NUPUR BHATI
Order
28/01/2025
1. The SBCMA No.2837/2016 has been filed by the appellants-
claimants under Section 173 of the Motor Vehicles Act, 1988 ('Act
of 1988') against the judgment and award dated 17.08.2016,
passed by the learned Judge, Motor Acccident Claims Tribunal,
Merta ('Tribunal') in MAC Case No. 17/2015, whereby the learned
Tribunal has awarded Rs.12,72,865/- as compensation to the
appellants/claimants, while holding the respondents jointly and
severally liable. And the SBCMA No.2774/2016 has been filed by
the insurance company challenging the judgment and award dated
[2025:RJ-JD:5392] (3 of 6) [CMA-2837/2016]
17.08.2016. Since both these misc. appeals arise out of the
common judgment and award dated 17.08.2016 ('impugned
award'), therefore, the same are being decided together by this
common order and the facts of the appeal bearing SBCMA
No.2837/2016 are being taken for the sake of convenience.
2. Briefly stated, the facts of the case are that on 28.11.2014
at around 6.00 PM, deceased Diyaram alias Deeparam was
coming to his home from Degana Railway Station on the
motorcycle bearing registration No.RJ-21SF-3547, and near village
Jawa Sisodiya, the respondent No.1 came with his mini truck
bearing registration No.RJ21-GA-4174 in a rash and negligent
manner and hit the motorcycle of the deceased-Diyaram.
Subsequently, the claim petition bearing number MAC No.17/2015
was filed before the learned Tribunal seeking compensation on
account of death of deceased-Diyaram. The respondents Nos.1
and 2 failed to file reply to the claim petition. The respondent
No.3/insurance company filed its reply to the claim petition and
denied the averments made in the claim petition.
3. The appellants-claimants examined two witnesses (AW-1 &
2) and produced documentary evidences (Ex. P1 to P19). The
respondent no.3/insurance company examined NAW-1 and
produced documentary evidences (Ex. NA-1 to NA-9).
4. After hearing the parties, the learned tribunal partly allowed the
claim petition and awarded compensation of Rs.12,72,865/- to the
appellants/claimants along with interest @8% p.a. while holding
respondents jointly and severally liable for the payment of the said
compensation.
[2025:RJ-JD:5392] (4 of 6) [CMA-2837/2016]
5. Aggrieved of the impugned award passed by the learned
tribunal instant appeals have been preferred.
6. Learned counsel for the appellants/claimants submits that
the learned tribunal has erred in awarding meagre amount under
the head of loss of consortium (Rs.5,000/- each) to appellant
Nos.2 to 5 who are the children of the deceased. He also submits
that the learned tribunal has not awarded any amount under the
head of loss of estate.
7. Per contra, learned counsel for the respondent
no.3/insurance company makes a limited submission with respect
to quantum of compenstion. He submits that learned tribunal has
erred in awarding future prospects @50% and the same ought to
be 40% as per the ratio of the apex court in National Insurance
Co. Ltd. v. Pranay Sethi[(2017) 16 SCC 680]. He also submits
that the amount awarded under the head of funeral expenses is on
the higher side.
8. Heard the counsel and perused the material available on
record.
9. This court finds that learned tribunal has awarded Rs.5000/-
each to appellant Nos.2 to 5 and Rs. 1,00,000/- to appellant no.1
under the head of loss of consortium. This court deems it
appropriate to modify the amount under the head of loss of
consortium to Rs.48,400/- each to appellant Nos.1 to 5 in the light
of the judgment of the Hon'ble Supreme Court in Pranay
Sethi(supra).
10. Also, the learned tribunal has not awarded any amount under
the head of loss of estate. Thus, this court finds it appropriate to
award Rs.18,150/- towards the head of loss of estate in the light
[2025:RJ-JD:5392] (5 of 6) [CMA-2837/2016]
of Pranay Sethi(supra). This court also finds that the learned
tribunal has awarded Rs.25,000/- towards the head of funeral
expenses however, the same deserves to be modified to
Rs.18,150/- in the light of Pranay Sethi(supra). Further, this court
finds that learned tribunal has wrongly awarded future prospects
@50% and the same deserves to be modified to @40% in the
light of Pranay Sethi(supra) as the deceased (aged 28 years) did
not have a permanent job.
11. Thus, in view of the above, the amount awardable to the
appellants/claimants is as under:-
Particulars Awarded by the Tribunal Awarded by the Court
Loss of Income [A]
Income of the deceased Rs. 4,914/- per month Rs. 4,914/-
Adding 40% future Rs. 7,371/- per month 40% of (4,914/- x 12)
prospects (i.e. 40% of (50% future prospects = 40% of 58,968/-
58,968/- p.a.) added) => 58,968/- + 23,587.20
= Rs. 82,555.20/- p.a
Deducting ¼ towards Rs. 5528.25/- per month Rs. 61,916.40/- p.a.
personal expenses (i.e.
82,555.20 - ¼ of
82,555.20)
Applying a multiplier of Rs. 11,27,865/- p.a. Rs. 10,52,578.80/- p.a.
17, (61,916.40 x 17) [A]
Non-Pecuniary Heads
Consortium (48,400 x 5) Rs.1,00,000/- (to wife) + Rs. 2,42,000/-
[B] Rs. 20,000/-
(Rs. 5,000/- each granted
to children and parents)
Loss of Estates [C] Not awarded Rs. 18,150/-
Funeral Expenses [D] Rs. 25,000/- Rs. 18,150/-
Total [A+B+C+D] Rs. 12,72,865/- [E] Rs. 13,30,878.80/- [F]
Enhanced amount [F-E] [13,30,878.80 - 12,72,865] Rs. 58,013.80/-
12. Thus, in view of the above, the appeal - SBCMA
no.2837/2016 is partly allowed and the appeal - SBCMA
no.2774/2016 is disposed off in terms of this order. The impugned
award passed by the learned tribunal is modified accordingly.
[2025:RJ-JD:5392] (6 of 6) [CMA-2837/2016]
13. The appellants/claimants are held entitled to get enhanced
compensation of Rs.58,013.80/- along with interest @8% p.a.
(same as awarded by the learned tribunal) from the date of filing
of the claim petition in the same manner as directed by the
learned tribunal.
14. The amount of compensation, if any disbursed to the
appellants/claimants, shall be adjusted accordingly.
(DR. NUPUR BHATI),J
590-591-Ajay/-
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