Rajasthan High Court - Jodhpur
O.I.C.Ltd vs Smt.Krishna And Ors. ... on 28 January, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:5424]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 909/2009
The Oriental Insurance Company Ltd. through Divisional
manager, Bhansali Tower, Residency Road, Jodhpur.
----Appellant-Non-Petitioner
Versus
1. Smt. Krishna Paliwal wife of late Shri Ramchandra Paliwal.
2. Kumari Bhawana daughter of late Shri Ramchandra Paliwal.
3. Kumari Priti Paliwal daughter of late Shri Ramchandra
Paliwal.
4. Alok Paliwal son of late Shri Ramchandra paliwal (minor).
5. Smt. Kanku Devi Paliwal wife of Bhanwarlal Paliwal.
Respondents-claiamants Nos.3 and 4 are minors through
their natural guardian and mother Smt. Krishna Paliwal-
respondent-claimant No.1.
All residents of Sidariyas House, Arya Samaj Mandir Road,
Bhopalganj, Bhilwara.
6. Mohammad Farooq son of Salim Derawali resident of Near
Phulia Gate, Shahpura District Bhilwara.
----(Driver of Truck No.RJ-06-G-2466)
7. Rajendra Singh Rathore son of Shri Shivraj Rathore
resident of Near Bus Stand, Shahpura District Bhilwara.
----(Ownr of Truck No.RJ-06-G-2466)
----Respondents-Claimants-Non-Petitioners
For Appellant(s) : Mr. L.D. Khatri (for Insurance
Company)
For Respondent(s) : Mr. Vinay Jain (for claimants)
HON'BLE DR. JUSTICE NUPUR BHATI
Order
28/01/2025
1. This misc. appeal has been filed under section 173 of the
Motor Vehicles Act, 1988 [hereinafter referred to as 'the Act of
1988'] challenging the judgment and award dated 09.02.2009
[2025:RJ-JD:5424] (2 of 4) [CMA-909/2009]
passed by the learned Judge, MACT, Bhilwara [hereinafter referred
to as 'the learned Tribunal'] in MAC Case No.828/2005 whereby,
the learned Tribunal partly allowed the claim petition of the
respondents/claimants.
2. Learned counsel for the appellant at the outset submits that
the impugned judgment and award dated 09.02.2009 has been
challenged solely on the ground that the income of the deceased
has wrongly been calculated while ignoring the Salary Certificate
(Exhibit-8). He further submits that in the Salary Certificate
(Exhibit-8) the salary of the deceased was reflected as Rs.7,583/-
whereas, the learned Tribunal has assessed the income of the
deceased as Rs.10,000/- while including his future prospects.
3. Learned counsel for the appellant further submits that the
future prospects while assessing the income could have been
added in light of the judgments passed by the Hon'ble Supreme
Court in the cases of "National Insurance Company Limited vs.
Pranay Sethi & Ors." 2017 16 SCC 680 and "Sarla Verma v. Delhi
Transport Corporation" AIR 2009 SC 3104.
4. Learned counsel for the respondents claimants vehemently
opposes and submits that the learned Tribunal has rightly
assessed the salary of the deceased as Rs.10,000/-.
5. I have heard and considered the submissions made by
learned counsel for the parties and have gone through the
material available on record.
6. After hearing both the parties, this Court finds that the
learned Tribunal could not have ignored the Salary Certificate
(Exhibit-8) wherein income of the deceased was clearly reflected
as Rs.7,583/-.
[2025:RJ-JD:5424] (3 of 4) [CMA-909/2009]
7. Since there is no dispute on the factual matrix of the case,
both the counsel were directed to jointly submit the calculation of
the compensation awardable to the claimants afresh in light of the
guidelines laid down by Hon'ble the Supreme Court in the cases of
Pranay Sethi (supra) and Sarla Verma (supra). The award is
modified in the following manner:-
S.No. Particulars Amount as Amount as
awarded by the awarded/modifie
learned tribunal d by this court
1. (add) Compensation towards Rs.18,00,000/- Rs.12,42,024/-
loss of dependency
7583 (per month) + 2275
(future prospect @ 30%) -
2465 (1/4 deduction on
account of personal
expenses) x 12 x 14
(Multiplier) = Rs.12,42,024/-
[A]
2. (add) Loss of Consortium Rs. 25,000/- Rs.2,42,000/-
48,400 x 5 = 2,42,000/- [B]
3. (add) Funeral Expenses [C] Rs.5,000 /- Rs.18,150/-
4 (add) Loss of Estate [D] NIL Rs.18,150/-
Gross Total [A]+[B]+[C]+[D] Rs.18,30,000/-[E] Rs.15,20,324/- [F]
Reduced Amount [F]-[E] Rs.3,09,676/-
8. The respondents claimants are thus held entitled to get
modified compensation of Rs.15,20,324/- instead of
Rs.18,30,000/- at the rate of interest which has been awarded by
the learned Tribunal. The appellant Insurance Company is
accordingly directed to pay the said modified compensation to the
appellants/claimants within a period of 'two months' from the date
of receipt of certified copy of this order, failing which an interest of
7.5% shall apply. Any amount already paid by the respondent
Insurance Company, shall be adjusted accordingly.
[2025:RJ-JD:5424] (4 of 4) [CMA-909/2009]
10. The judgment and award dated 09.02.2009 passed by the
learned Judge, MACT Bhilwara in MAC No.828 of 2005 is modified
accordingly. No order as to costs.
11. Record be returned to the Tribunal forthwith.
(DR. NUPUR BHATI),J
530-/Devesh/-
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