Partly allowed

Bhinya Ram v. Girdhari Lal and Ors.

Rajasthan HC15 Oct 2014CMA/670/2001

Case brief

AI extract

What is this about?

Appeal against Motor Accident Claims Tribunal award. Held reasonable income estimation but enhanced loss of consortium to Rs.1 lakh and funeral expenses to Rs.25,000, totaling Rs.1.1 lakh increase. Appeal partly allowed.

What did the court decide?

Enhanced loss of consortium to Rs.1,00,000 and funeral expenses to Rs.25,000. Interest at 9% p.a. allowed from 20.8.1998. Insurance company directed to pay.

Bhinya Ram Vs Girdhari Lal and Ors. — Motor Accident Claims | Rajasthan HC (2014)

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SBCiv.Misc. Appeal No. 670/2001 1

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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ORDER

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Bhinya Ram vs. Girdhari Lal & ors. S.B. Civil Misc. Appeal No. 670/2001 under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 11.4.2001 passed by the Judge, Motor Accident Claims Tribunal, Ratangarh in Civil Misc. Case No. 38/1998.

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Date of Order : 15.10.2014.

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PRESENT HON'BLE MR. ATUL KUMAR JAIN, J.

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Mr. Mohan Ram Choudhary & Mr. M.S. Soni for the appellant. None present for the respondents.

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BY THE COURT:

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In Rajesh and others v. Rajbir Singh and others, 2013 ACJ 1403 , it was held by a Bench of three Hon'ble Judges of the Apex Court that, (1) irrespective of the amount claimed, the Motor Accident Claims Tribunal is supposed to award a just, equitable, fair and reasonable compensation, (2) the precedent set may also be and in fact ought to be periodically revisited by the Apex Court, (3) while determining compensation future prospects of deceased/victim should also be considered. For this purpose, 50% of the actual income (after deduction of tax) for person below 40 years; 30% for age group of 40-50 years ; 15% for age group of 50-60 years; but normally no addition thereafter, (4) in death cases when deceased is susrvived by his wife/husband, then the court should award at least Rs.1,00,000/( Rs. one lac) towards loss of consortium, (5) looking to the rising

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SBCiv.Misc. Appeal No. 670/2001 2

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index of prices and necessary religious rituals, it will be just, fair and equitable under the head “funeral expenses”, in the absence of evidence to the contrary for higher expenses, to award at least an amount of Rs.25,000/-.

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The afoaresaid ruling has been relied upon by the claimantappellant in this ex-parte appeal against United India Insurance Company Limited and four others. The Motor Accident Claims Tribunal, Ratangarh, District Churu in Motor Accident Claim No.38/1998-Bhinya Ram v. Girdhari Lal & ors., by award dated 11.4.2001 had ordered Girdhari Lal, Jora Ram and United India Insurance Company Limited to pay Rs.1,11,000/- as compensation under Section 167 of the Motor Vehicles Act, 1988. On this amount, 9% (nine percent) simple annual interest was also ordered by the Tribunal. Appellant-claimant Bhinya Ram has challenged said award dated 11.4.2001 because the Tribunal had calculated the compensation while treating monthly income of deceased Smt.Meera w/o Bhinya Ram as Rs.1,500/- only. Rs.15,000/- was counted towards the loss of consortium of the claimant. Deceased was a lady of 35 years, so multiplier of eight was applied for calculating the compensation while deducting one third of the income towards selfexpenses of the lady.

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Looking to statement of AW-1 Bhinya Ram, it appears that assessment of monthly income of deceased lady Smt. Meera as Rs.1,500/- per month was perfectly justified because it has been said by the witnesses that Smt. Meera used to prepare and sell 'paparbari' (a local preparation of pulses and its powder). Benefit of

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SBCiv.Misc. Appeal No. 670/2001 3

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increase in income on account of future prospects in this case does not appear to be justified because I do not want to cross the limits of just compensation. Deduction of one third income towards the personal expenses also appears to be justified in the circumstances of the case because the deceased was having no son and she was survived only by her husband. Towards loss of consortium, I think that an amount of Rs.1,00,000/- (Rs. one lac) may be awarded to the claimant in place of Rs.15,000/- only. Similarly, towards funeral expenses also, Rs.25,000/- may be awarded to the claimant. Thus, an increase of Rs.1,10,000/-(Rs.one lac ten thousand) in the original award appears to be justified. On this enhanced amount, claimant Bhinya Ram will be entitled 9%(nine percent) simple annual interest from the date of claim,viz., 20.8.1998 to the date of realisation. The liability of respondents no. 1,2 and 5 to make the above payment to claimant-appellant Bhinya Ram shall be joint and several. Respondent no.5 United India Insurance Company Limited is directed to pay enhanced amount of compensation including interest by getting prepared a demand draft in the name of appellant Bhinya Ram which shall be delivered to him at the address given by him in the claim-petition through registered post within three months from today.

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The appeal of appellant Bhinya Ram is partly allowed as indicated above.

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(ATUL KUMAR JAIN),J.

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mlt/

Bhinya Ram v. Girdhari Lal and Ors.

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Bhinya Ram v. Girdhari Lal and Ors.

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