Rajasthan High Court - Jodhpur
Lrs.Of Khet Singh vs Girdhari Lal And Ors on 24 October, 2019
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 2318/2007
Smt.kamla And Ors.
----Appellant
Versus
Girdhari Lal And Ors.
----Respondent
Connected With
S.B. Civil Misc. Appeal No. 1014/2009
Chunni Devi
----Appellant
Versus
Girdhari Lal And Ors.
----Respondent
S.B. Civil Misc. Appeal No. 2313/2012
Vikram Singh
----Appellant
Versus
Girdhari Lal And Ors.
----Respondent
S.B. Civil Misc. Appeal No. 2316/2012
Lrs.of Khet Singh
----Appellant
Versus
Girdhari Lal And Ors.
----Respondent
For Appellant(s) : Mr.S.Saruparia & Mr.Ravi Panwar.
For Respondent(s) : Mr.LD Khatri.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 24/10/2019 (Downloaded on 05/06/2021 at 03:47:49 PM) (2 of 4)
1. All these four appeals seeking enhancement of the compensation are arising out of the same accident which happened on 7.2.2005 at about 3:30 PM when the Jeep no.RJ- 36/T-0175 which was being driven by Girdharilal while overtaking a motorcycle got out of control and collided with a tree resulting into death of Munni Devi and Himmat Singh and injuries to Khet Singh, Gheesa Singh, Ranjeet Singh, Hari Singh, Shaitan Singh, Vikram Singh and Chunni Devi.
2. CMA No.2318/2007 has been filed by claimants on account of death of Himmat Singh, CMA No.1014/2009 has been filed by claimant Chunni Devi for the injuries suffered by her, CMA No.2313/2012 has been filed by claimant Vikram Singh for the injuries suffered by him and CMA No.2316/2012 has been filed by claimants LRs. of Khet Singh for the injuries suffered by Khet Singh.
3. It is an admitted position that in the aforesaid three appeals i.e. CMA No.1014/2009, 2313/2012 and 2316/2012, the liability of the insurance company has been made out and the amount has been paid by the insurance company without challenging the impugned awards, whereas in CMA No.2318/2007, the liability of the insurance company has not been made out.
4. Since the accident is same and the adjudication is also on the same footing, therefore, the finding on issue no.3 in the impugned judgment is set aside to the extent that the liability of the insurance company shall arise as the learned Tribunal in other claim cases has arrived at the conclusion that the insurance company shall be liable.
5. There is no other factual dispute in all these four civil misc. appeals. Accordingly, counsel for the parties were asked to (Downloaded on 05/06/2021 at 03:47:49 PM) (3 of 4) jointly submit their calculation afresh (separately for all these appeals) as per judgment of Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. ; AIR 2017 SC 5157 and as per the revised guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 05.11.2018, which they have furnished before this Court and the same read as follows:-
CMA No.2318/2007:Age of the Deceased 55
Multiplier 11
Future Prospects 10% Deduction on count of Personal Expenses 1/4 Monthly Income of the Deceased Rs.3,000/- Monthly Income after adding Future Prospects Rs.3,300/- Monthly Income after deducting Personal Expenses Rs.2,475/- Yearly Income of the deceased Rs.29,700/- Total Income after applying Multiplier Rs.3,26,700/- Other Conventional Heads Rs.70,000/- Total award Rs.3,96,700/- Compensation already awarded Rs.2,79,000/- Enhanced Award Rs. 1,17,700/- CMA No.1014/2009: Age of injured 42 Simple Injuries (2500 x 3) Rs.7,500/- Permanent disability (12%) Rs.73,000/- [25000 + (12 x 4000)] Hospitalisation (27 days) Rs.29,700/- (27 x 1100) Total Rs.1,10,200/- Pain & Sufferings (17.5% of total 110200) Rs.19,285/- Medical Expenses Rs.5,357/- Total Award Rs.1,34,842/- Compensation awarded by Tribunal Rs.66,857/- Enhanced Compensation. Rs.67,985/- CMA No.2313/2012: Age of injured 30 Permanent disability (10%) Rs.55,000/- [25000 + (10 x 3000)] (Downloaded on 05/06/2021 at 03:47:49 PM) (4 of 4) Total Rs.55,000/- Pain & Sufferings (25% of total 55000) Rs.13,750/- Medical Expenses Rs.3,323/- Total Award Rs.72,073/- Compensation awarded by Tribunal Rs.32,323/- Enhanced Compensation. Rs.39,750/- CMA No.2316/2012
In this appeal, learned counsel for the parties agreed for enhancement of lumpsum amount of Rs.25,000/-.
6. With the consent of learned counsel for the parties and in light of precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra) and RALSA, the enhanced award of Rs.1,17,700/- (CMA No.2318/2007), Rs.67,985/- (CMA No.1014/2009), Rs.39,750/- (CMA No.2313/2012) and Rs.25,000/- (CMA No.2316/2012) is granted which shall be payable alongwith interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within three months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after three months from today) till actual payment is made.
10. All the appeals are accordingly disposed of. All pending applications also stand disposed of.
(DR. PUSHPENDRA SINGH BHATI),J 75-78-S.Phophaliya/-
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