Allowed

Ram Niwas v. Kishan Singh and Others

Rajasthan HC13 Jul 2018CMA/1421/2013

Case brief

AI extract

What is this about?

This appeal challenged the compensation award under Section 163A of the Motor Vehicle Act, 1988 regarding a motor accident death. The High Court allowed the appeal, modifying the impugned award to enhance the compensation amount from Rs. 4,46,050 to Rs. 4,50,000, including funeral expenses.

What did the court decide?

Impugned award modified to enhance compensation to Rs. 4,50,000/- including Rs. 2,000/- towards funeral expenses; remaining terms unchanged.

Ram Niwas Vs Kishan Singh and Others — Motor Accident Claims | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 1421/2013

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I. Ramniwas S/o Shri Harbusingh, Age 42 Years.

¶4

Smt. Hagami W/o Shri Ramniwas, ~ge 40 years

¶5

Sunita D/o Shri Ramniwas, Age 17 Years

¶6

Mamta D/o Shri Ramniwas, Age 15 Years

¶7

5. Jaisingh S/o Shri Ramniwas, Age 13 Years. All are R/o Kesarpura, P.S. Mangliawas, District Ajmer.

¶8

qp.c-++ e Versus tc @ 6 -- 3 'K$%ansingh S/o Shri Gumansingh, Age 46 Vea?s, R/o Tokrala, Post Kerli, Via Khiwada Desuri, Distt. Pali, &"&4.. r3wi Presently Badi ,~~ra~$$j?%s' +:it% iro.hi. And Sirohi Roadwavs 4, : ki7.: ,, &, , q3% %&< ,%&,?# 3:,:, Depot Driver A @' + 8, ,3:lcqle*@&&?~ ** t,?., g:$*r %y@&T,&%- -- - &&% % & - @A&$% sg:se -9 g&p . c. S*%?:* ,, &2? Raja st h a n - Sga&@~$> B port Corporation, Through Chief Rajasthan ~td ansport Corporation, Through General Owner

¶9

Fo r Appellant(s) rypi&$j .I,& ,' , &, For Respondents ~o.2f~~m

¶10

Appellants have filed this appeal, challenging the award dated 06.02.2013 passed by the Motor Accident Claims Tribunal, seeking enhancement of compensation amount.

¶11

Learned counsel for the appellants has submitted that the

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, amount of compensation granted by the Tribunal was on a lower side and required enhancement.

¶13

Learned counsel for respondents No.2 and 3 has opposed the appeal.

¶14

Appellants had filed the claim petition under Section 163A of the Motor Vehicle Act, 1988 (hereinafter referred as 'the Act'), seeking compensation on account of death of Balram @ Balbir out of use of motorcycle bearing registration N0.W-01-SP-5092 on 02.02.2012.

¶15

\ on, decea,gedt earning Rs.3,300/+ 61*%* 8-2 L& 4~ .@ P". ond Schedule of the Act while dealing~wbth a claim sf 63A of the Act, 1/3rd out of thesincome of "@$ the deceased is liable to cted towards his personal expenses.

¶16

Deceased was he time of accident. Hence, multiplier of 'I pplied to work out the dependency of the claim

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Thus, the compensa ble to be received by the claimants comes to 17 = Rs. 4,48,800/-. Claimants would be f e Rs.2,000/- towards funeral expenses.

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Thus, the total co liable to be received by the claimants comes to Rs.4,48,800 -I- Rs.2,000 = Rs.4,50,000/-.

¶19

Accordingly, this appeal is allowed. Impugned award dated 06.02.2013 is modified to the extent that the claimants would be entitled to receive Rs. 4,50,000/by way of compensation instead of Rs. 4,46,050/- as awarded by the Tribunal. The remaining terms and conditions of the award shall remain unchanged.

¶20

(SABI NA),J

Ram Niwas v. Kishan Singh and Others

Case brief

What is this about?

What did the court decide?

Ram Niwas v. Kishan Singh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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