Rajasthan High Court - Jodhpur
Smt. Leela Devi & Ors vs Deepak & Ors on 18 May, 2018
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 84 / 2015
1. Smt. Leela Devi W/o Late Uka Ram
2. Kumari Rani D/o Late Uka Ram
3. Sawai Ram S/o Late Uka Ram
4. Jetha Ram S/o Late Uka Ram
5. Thana Ram S/o Late Uka Ram
6. Kishna Ram S/o Uda Ram
7. Smt. Chatru Devi W/o Kishna Ram
All by caste Prajapat, residents of Nagana, Tehsil and District
Barmer.
The appellant Nos.2 to 5 are minors through their natural
guardian Mother Smt. Leela Devi W/o Late Uka Ram (Appellant
No.1)
----Appellant
Versus
1. Deepak S/o Bhura Ram, by caste Jat, resident of Samdari
Road, Balotra, Tehsil Pachpadra, District Barmer.
2. Thakra Ram S/o Naga Ram, by caste Jat, resident of Dudwa
Mallinath, Tehsil Pachpadra, District Barmer.
----Respondents
_____________________________________________________
For Appellant(s) : Mr. M.R. Patel.
For Respondent(s) : Mr. Mukul Singhvi
_____________________________________________________
JUSTICE VINIT KUMAR MATHUR
Order
18/05/2018
The present appeal has been preferred by the appellants for
enhancement of the amount awarded by the learned Motor
Accident Claims Tribunal, Barmer vide judgment & award dated
17/07/2014 in Motor Accident Claim Application Case No.39/2012.
(2 of 4)
[CMA-84/2015]
The facts in nutshell are that on 09/12/2011, Uka Ram
(deceased) along with Maga Ram was going on from Barmer to
Balotra on his motorcycle. When he reached near Mooja Sarhad
Bagundi, a jeep having Registration No. RJ-04-TA-2165, which was
driven rushly and negligently by its driver Deepak, came from
wrong side and collided with his motorcycle. Due to said accident,
Uka Ram sustained grievous injuries and during treatment, he
died.
In these circumstances, the appellants preferred a claim
petition before the Motor Accident Claim Tribunal, Barmer being
Motor Accident Claim Case No.39/2012 for grant of compensation.
The reply was filed on behalf of the respondents denying the
allegations in the claim petition. Thereafter, on completion of the
pleadings the learned Tribunal framed the issues.
After hearing the counsel for the parties, the learned Tribunal
decided the claim petition of the appellants and awarded a sum of
Rs.9,96,000/- in favour of the appellants and directed the
respondents to pay an interest @ 9 % per annum on the amount
awarded from the date of filing the claim petition i.e. 09/02/2012.
Assailing the judgment and award aforesaid, learned
counsel for the appellants submits that the Tribunal has not taken
into consideration the future prospects in the matter in the light of
the judgment of Hon'ble Supreme Court in the case of National
Insurance Company Limited V/s Pranay Sethi & Ors.
Learned counsel for the respondents has not seriously
opposed the fact of the Tribunal having not considered the future
prospects in the matter and he prays that whatever the law
(3 of 4)
[CMA-84/2015]
prevailing at that point of time was taken into consideration while
computing the award, therefore, he prays that the present appeal
is liable to be dismissed.
Having considered the rival submissions, I am of the opinion
that in view of the constitutional Bench judgment of Hon'ble
Supreme Court in the case of S.L.P. (Civil) Case No. 25590/2014
(National Insurance Company Limited V/s Pranay Sethi & Ors.)
reported in 2017/ACJ/2700, 2017(4)J.L.J.R. 275, 2017(4)P.L.J.R.
261, the computation which is required to be done in the present
case is as under :-
For future 40% of Rs.4000/- Rs. 1600/-
prospects :- (Income of
deceased)
Rs. 4000/- + Rs. 1600/- Rs. 5600/-
Amount to be deducted as spent on Rs. 5600/- / 1/5 = Rs.
himself. 1120/-
Dependence Amount Rs. 5600 - Rs. 1120 =
Rs. 4480/-
The age of deceased was 28 years therefore, a multiplier of
18 will be used.
(I) Compensation due to 4480x12 x 18 Rs. 9,67,680/-
death
(II) Loss of consortium Rs.40,000/-
(II) For the Loss of Estate Rs. 15,000/-
(III) Funeral Expenses Rs. 15,000/-
Total Rs. 10,37,680/-
Consequently, in view of the calculation made above, the
appellants are entitled for compensation of Rs. 10,37,680/-
(Rupees : Ten Lakh Thirty Seven Thousand Six Hundred Eighty ) .
(4 of 4)
[CMA-84/2015]
Since, the amount of compensation as awarded by the learned
Motor Accident Claim Tribunal, Barmer vide order dated
17/07/2014 has already been paid, the difference of amount
should be paid to the appellants. The appellants are also entitled
to an interest @ 7.5% on the enhanced income from the date of
filing of the application. The difference of amount be paid with an
interest @ 7.5% p.a. within a period of two months from today.
The present Misc. Appeal stands disposed of accordingly.
(VINIT KUMAR MATHUR), J.
sanjaysolanki, srpa