Rajasthan High Court - Jodhpur
Smt. Samu Devi And Anr vs Hari Ram And Ors. (2024:Rj-Jd:43616) on 23 October, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:43616]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Misc. Appeal No. 1527/2016
1. Smt. Samu Devi W/o Megharam, Resident of Bhaduo Ki
Dhani, Khinvsar, Tehsil Khinvsar, District Nagaur.
2. Magharam S/o Rakharam, Resident of Bhaduo Ki Dhani,
Khinvsar, Tehsil Khinvsar, District Nagaur.
----Appellants/Claimants
Versus
1. Hariram Godara S/o Dayalram, Resident of Mehrana,
District Nagaur, presently working at Ajmer Vidyut Vitran
Nigam Ltd. O/o Assistant Engineer (Rural), Merta City,
District Nagaur.
2. Ramkhiladi Meena S/o Janaklal, Resident of Ajnoti, Police
Station Maantown, District Sawaimadhopur, presently
Assistant Engineer, Ajmer Vidyut Vitran Nigam Ltd. (Rural),
Merta City, District Nagaur.
3. United India Insurance Company Limited, through its
Branch Managber, Branch Office, Nagaur.
----Respondents
For Appellant(s) : None present.
For Respondent(s) : Mr. Rajat Choudhary on behalf of
Mr. D.S. Sodha, R-1 & 2.
None present for R-3.
HON'BLE DR. JUSTICE NUPUR BHATI
Judgment 23/10/2024
1. Nobody was present on 18.10.2024 on behalf of appellants/claimants even in second round, however, the matter was adjourned to 23.10.2024. It was also directed that in case nobody appears for the appellants, the matter shall be dismissed for non-prosecution.
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2. Today also, nobody is present on behalf of appellants/claimants. In the interest of justice, this Court perused the material available on record.
3. The instant misc. appeal, seeking enhancement, has been preferred by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter as 'the Act') against the judgment and award dated 09.03.2016 (hereinafter as 'the impugned award') passed by learned Judge, Motor Accident Claims Tribunal, Nagaur (hereinafter as 'the learned Tribunal') in MAC Case No.122/2012 (CIS No.179/2014) (filed under Section 163A of the Act), whereby the learned tribunal has awarded Rs. 2,00,000/- along with interest @7.5% (from the date of filing of the claim petition i.e., 24.09.2012 to the appellants/claimants and held the respondents/non-claimants jointly and severally liable to pay the said compensation.
4. Briefly stated the facts of the case are that on 29.10.2011 at about 04:00 in the evening, deceased Nitin (6 years old at the time of the accident) while gone to his maternal grandparents' home i.e. at Lalawas, and while he was standing on Khinvsar- Jodhpur Road near Shri Krishna Bhojnalaya, the non-claimant No.1 i.e. driver of offending Truck bearing registration number RSQ-1213 while plying his truck rashly and negligently hit Nitin @ Rampal, as a result of which he died. The FIR was lodged before the Police Station Khinvsar, Nagaur and after investigation, a charge sheet was filed against Respondent nos. 1 and 2-owner- driver. Subsequently, the appellants/claimants filed the claim petition- MAC Case No.122/2012 (C.I.S. No.179/2014) under Section 163A of the Act before the learned tribunal, seeking (Downloaded on 23/10/2024 at 10:16:43 PM) [2024:RJ-JD:43616] (3 of 5) [CMA-1527/2016] compensation on account of the death of the deceased child to tune of Rs.7,21,000/-. The respondent nos.1 and 2 and 3 filed reply to the claim petition before the learned tribunal while refuting the claim laid by the claimants.
5. On the basis of the pleadings of the parties learned tribunal framed four issues. The appellants/claimants examined AW.1 Samu witnesses and produced some documentary evidences whereas the respondents did not examine any witness, however, produced documentary evidence before the learned Tribunal. After hearing the parties and on the basis of the material available on record the leaned tribunal partly allowed the MAC case no. 122/2012 (C.I.S. No.179/2014) vide the impugned award and awarded Rs.2,00,000/- along with interest @7.5% (from the date of the filing of the claim petition i.e., 24.09.2012 as compensation to the appellants/claimants and held respondents jointly and severally liable to pay the said compensation.
6. Aggrieved by the impugned award the instant misc. appeal has been preferred by the appellants/claimants.
7. In the claimant petition, it is stated that the learned tribunal has erred in awarding such meager compensation on account of the death of the deceased child, who was six years of age at the time of accident.
8. Per contra, learned counsel for the respondents No.1 and 2 supported the award passed by the learned Tribunal and submits the same calls for no interference by this Court. None is present on behalf of respondent No.3.
9. Heard the counsels appearing on behalf of the respondents No.1 and 2 and perused the material available on record. (Downloaded on 23/10/2024 at 10:16:43 PM) [2024:RJ-JD:43616] (4 of 5) [CMA-1527/2016]
10. This court finds that the learned tribunal has awarded the lump-sum amount of Rs.2,00,000/- as compensation to the appellants/claimants. However, this court finds that the Hon'ble Supreme Court in Kishan Gopal and Ors. Vs. Lala and Ors. [(2014) 1 SCC 244], where the age of the deceased child was 10 years has taken the notional income of the deceased child as Rs. 30,000/- p.a. looking to the facts and circumstances. Further, the Hon'ble Supreme Court in Kurvan Ansari and Ors. Vs. Shyam Kishore Murmu and Ors.[(2022) 1 SCC 317], where the age of the deceased child was 7 years, has taken notional income of the deceased child as Rs.25,000/- p.a. and after applying Multiplier of 15 granted total of Rs.3,75,000/- under the head of 'loss of dependency' and also an amount of Rs.40,000/- to each of the parents under the head of filial consortium and Rs.15,000/- under the head of funeral expenses. Further, the Hon'ble Supreme Court in Meena Devi Vs. Nunu Chand Mahto and Ors[(2023) 1 SCC 204], where the age of the deceased child was 12 years, has taken the notional income as Rs.30,000/- p.a. including future prospect and applied Multiplier of 15 to arrive at the compensation awardable under the head of 'loss of dependency' and awarded Rs.50,000/- under the conventional heads.
10. Thus, looking to the age of the deceased child (i.e., 6 years) and peculiar facts and circumstances of the present case and in the light of the above cited judgments, this court deems it appropriate to take the notional income of the deceased child as Rs.25,000/- p.a. Further, the applicable multiplier would be of 15 in the light of the judgment of the Honble Supreme Court in Divya vs. The National Insurance Co. Ltd. and Ors. [2022 (Downloaded on 23/10/2024 at 10:16:43 PM) [2024:RJ-JD:43616] (5 of 5) [CMA-1527/2016] INSC 1108]. Further, looking into the facts of the instant case where there are two claimants who are the parents of the deceased, this court deems it just to award Rs.1,14,950/- (rounded off from Rs.1,15,000/-) under the conventional heads.
11. Thus, in view of discussion in the above paragraphs the compensation awardable to the appellants/claimants is as under:
Particulars Awarded by Tribunal Awarded/modified by the Court Loss of dependancy Rs. 3,75,000/-
(i.e. 25,000 x 15) [A] Rs. 2,00,000/-
Conventional Heads [B] (Lump-sum) Rs. 1,15,000/-
[C]
Total [A] + [B] Rs. 4,90,000/- [D]
Enhanced Amount [D]-[C] Rs.4,90,000 - Rs.2,00,000 = Rs.2,90,000/-
12. Thus, the instant appeal preferred by the
appellants/claimants is partly allowed. The impugned award passed by the learned tribunal is modified accordingly.
13. Therefore, the appellants/claimants are held entitled to get enhanced compensation of Rs.2,90,000/- along with interest @7.5% (same as awarded by the learned tribunal) from the filing of the claim petition in the same manner as directed by the learned tribunal. The amount of compensation, if any disbursed to the appellants/claimants, shall be adjusted accordingly. Record be sent back forthwith.
(DR.NUPUR BHATI),J 70-DJ/-
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