Rajasthan High Court - Jodhpur

Premi Bai vs The Oriental Insurance Co. Ltd. ... on 4 March, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2025:RJ-JD:12752]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR

S.B. Civil Misc. Appeal No. 501/2019

1. Premi Bai W/o Late Narayan Lal Bheel, Aged About 43
Years, R/o Bheel Gatti, Tehsil Bhadesar, District
Chittorgarh.
2. Smt. Durga W/o Sh. Ratan Lal, Aged About 25 Years, D/o
Shri Narayan Lal Bheel, R/o Kashmor, Tehsil Bhadesar,
District Chittorgarh.
3. Ratan S/o Late Narayan Lal Bheel, Aged About 17 Years,
Minor Through Natural Guardian Mother Smt. Premi Bai
(Appellant No. 1) R/o Bheel Gatti, Tehsil Bhadesar, District
Chittorgarh.
4. Rahul S/o Late Narayan Lal Bheel, Aged About 11 Years,
Minor Through Natural Guardian Mother Smt. Premi Bai
(Appellant No. 1) R/o Bheel Gatti, Tehsil Bhadesar, District
Chittorgarh.
5. Smt. Kasturi W/o Naruji Bheel, Aged About 75 Years, R/o
Bheel Gatti, Tehsil Bhadesar, District Chittorgarh.
----Appellants
Versus

1. The Oriental Insurance Co. Ltd., Through Its Branch
Manager, Opposite Sbi Bank, Collectorate Circle,
Chittorgarh. (Insurer)
2. Krishnapal Singh S/o Devendra Singh Rajput, R/o 77-Ba,
Amba Mata Scheme, Udaipur. (Owner)
3. Devi Lal S/o Kalu Meena, R/o Kewda, Tehsil Sarada,
District Udaipur Through Krishnapal Singh (Respondent
No. 2) (Driver)
----Respondents

For Appellant(s) : Mr. Manish Pitaliya
For Respondent(s) : Mr. Aditya Singhi

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HON'BLE MS. JUSTICE REKHA BORANA

Judgment

04/03/2025

1. The present misc. appeal has been filed by the appellants-

claimants seeking enhancement of the compensation amount

awarded vide Judgment and Award dated 13.11.2018 passed by

the Family Court (Motor Accident Claims Tribunal), Chittorgarh in

Civil Misc. Case No.348/2017(440/2015).

The learned Tribunal, vide impugned judgment/award dated

13.11.2018 awarded a sum of Rs.12,22,080/- in favour of the

claimants alongwith interest @9% from the date of filing of claim

petition i.e. 21.05.2015.

2. Learned counsel for the appellants-claimants raised two

grounds: first, the learned Tribunal erroneously computed the

income of the deceased to be Rs.7,000/- per month whereas it

was proved on record that the deceased was engaged as a driver

with 'Shri Charbhuja Transport Company' and earned Rs.10,000/-

per month as per the 'Salary Certificate' (Exhibit - 37). Second,

the learned Tribunal committed a significant error in its

adjudication by providing insufficient compensation qua the

conventional heads.

3. Learned counsel for the respondent Insurance Company while

supporting the impugned award submitted that the learned

Tribunal rightly assessed the income of the deceased to be

Rs.7,000/- per month as the employer was not examined before

the Tribunal and hence, the 'Salary Certificate' as placed on record

could not be said to be proved. However, learned counsel could

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not refute the position of law regarding the award of

compensation under the conventional heads.

4. Heard counsel for the parties and perused the material

available on record.

5. A bare perusal of the material available on record reflects that

the wife of the deceased i.e. Prembai (AW-1), in her statements,

submitted that her husband used to drive a truck for one Rajendra

Aagal and earned monthly income of Rs.10,000/-. Further, AW-2

Bherulal also, in his statements submitted that Charbhuja

Transport belongs to Rajendra Aagal and deceased used to work

as a truck driver with the said transport company. True it is that

the neither Rajendra Aagal nor any other employee/owner of 'Shri

Charbhuja Transport Company' had been examined as a witness

before the learned Tribunal, but then, the fact of the deceased

being a truck driver has also not been controverted by the

respondents.

6. Moreover, the FIR lodged on 20.03.2015 by an employee of

'Shri Charbhuja Transport Company' qua the accident in question

which occurred on 19.03.2015 also was to the effect that the

deceased was driving the truck belonging to the said transport

company at the time of accident. There is no reason to disbelieve

the version in the FIR as the same was filed on the very next

morning of the accident.

7. A perusal of the 'Salary Certificate' (Exhibit-37) reflects that

the said has been issued on the 'letter head' of 'Shri Charbhuja

Transport Company' and also bears a seal of the same.

8. In view of the above, this Court is of the opinion that upon

holistic consideration of the facts as stated in the FIR, statements

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of AW-1 and AW-2 and the 'Salary Certificate' (Exhibit-37), it was

proved on record beyond reasonable doubt that the deceased was

working with 'Shri Charbhuja Transport Company' and was paid a

salary of Rs.10,000/- per month.

9. With regard to the amount to be awarded under the

conventional heads, the Hon'ble Apex Court in the case of

National Insurance Company Limited vs. Pranay Sethi and

Ors.; (2017) 16 SCC 680 has fixed the amount payable under

the 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.

10. Consequently, the present appeal is partly allowed and

the impugned judgment/award dated 13.11.2018 passed by the

Family Court (Motor Accident Claims Tribunal), Chittorgarh in Civil

Misc. Case No.348/2017(440/2015) is modified to the extent that

the appellants-claimants shall be entitled to the following

compensation:
1. Income per month (after addition of Rs.9,375/-
future prospects (25%) and deduction
for personal and living expenses (1/4)
in the monthly income of Rs.10,000/-)
2. Loss of Income (as per the age of the 9,375x12x14=
deceased i.e. 44 years, a multiplier of
Rs.15,75,000/-
14)

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3. Under the head of 'Consortium' 40,000 x 5 =
Rs.2,00,000/-
4. Under the head of 'Funeral Expenses' Rs.15,000/-
5. Under the head of 'Loss of Estate Rs.15,000/-
6. Total amount of compensation Rs.18,05,000/-
7. Amount awarded by Tribunal/Court Rs.12,22,080/-
8. Enhanced amount of compensation Rs.18,05,000/-
- Rs.12,22,080/-
-------------------

Rs.5,82,920/-

11. 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 three 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.

12. Pending applications, if any, stand disposed of.