Allowed

Chief Secretary, Govt.of Raj a v. Smt Prem Lata Doriya and Ors.

Rajasthan HC11 Jul 2018CMA/1770/2006

Case brief

AI extract

What is this about?

High Court modified the Tribunal's award in two Motor Vehicle Act appeals. It upheld the Tribunal's finding of 100% liability on the truck driver vs 0% on the gypsy driver, and enhanced the compensation award from Rs. 9,58,000 to Rs. 16,37,308. The enhanced amount was ordered to be invested in a Fixed Deposit.

What did the court decide?

Impugned award modified; compensation enhanced to Rs. 16,37,308; increased share invested in Fixed Deposit Receipts with interest paid monthly to claimants.

Chief Secretary, Govt.of Raj a Vs Smt Prem Lata… — Execution and Attachment | Rajasthan HC (2018)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 1770/2006

¶3

Chief Secretary, Government of Rajasthan, Secretariat, Jaipur

¶4

Director General of Police, Police Head Quarter, Rajasthan, Jaipur.

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S.P., District Tonk

¶6

----Appellants

¶7

Versus

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Smt Prem Lata Doriya, W/o Late Shri Narayan Das, aged about 40 years.

¶9

Amit Doriya, S/o Late Shri Narayan Das, aged about 18 years,

¶10

Chanchal Doriya, D/o Late Shri Narayan Das, aged about 17 years.

¶11

Poonam Doriya, S/o Late Shri Narayan Das, aged about 14 years.

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All R/o 35/38, Rajat Path, Mansarovar, Jaipur.

¶13

----Respondents

¶14

Shri Mohd. Khalid, S/o Shri Abdul Kayan, R/o Talkotara, Tonk. 6. Shri Bhagwan Mali, S/o Shri Mangilal, Onkarlal, R/o Chawani Chowk, Almarpur, Sawaimadhopur.

¶15

Shri Braj Mohan (deceased), S/o Shri Onkarlal.

¶16

7/i Smt. Motaya Devi, W/o Late Shri Braj Mohan, aged about 65 years.

¶17

7/ii Shri Hanuman Mali, S/o Late Shri Braj Mohan, aged about 50 years.

¶18

7/iii Shri Ram Swaroop Mali, S/o Late Shri Braj Mohan, aged about 48 years.

¶19

7/iv Shri Radhey Shyam, S/o Late Shri Braj Mohan, aged about 45 years.

¶20

7/v Shri Kamlesh Mali, S/o Late Shri Braj Mohan, aged about 42 years.

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7/vi Shri Hansraj Mali, S/o Late Shri Braj Mohan, aged about 32 years.

¶22

All R/o Aalanpur, Chabri Chowk, Sawai Madhopur.

¶23

New India Assurance Co. Ltd., Divisional Office, Sawaimadhopur.

----Respondents

Connected With

(2 of 6)

[CMA-1770/2006]

S.B. Civil Miscellaneous Appeal No. 1831/2006

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Smt Prem Lata Doriya, W/o Late Shri Narayan Das, aged about 46 years.

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Amit Doriya, S/o Late Shri Narayan Das, aged about 24 years,

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Chanchal Doriya, D/o Late Shri Narayan Das, aged about 23 years.

¶32

Poonam Doriya, S/o Late Shri Narayan Das, aged about 20 years.

¶33

All R/o 35/38, Rajat Path, Mansarovar, Jaipur.

¶34

----Appellant

¶35

Versus

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Chief Secretary, Government of Rajasthan, Secretariat, Jaipur 2. Director General of Police, Police Head Quarter, Rajasthan, Jaipur.

¶37

S.P., District Tonk

¶38

Shri Mohd. Khalid, S/o Shri Abdul Kayan, R/o Talkotara, Tonk. 5. Shri Bhagwan Mali, S/o Shri Mangilal, R/o Chawani Chowk, Almarpur, Sawaimadhopur.

¶39

6.New India Assurance Co. Ltd., Divisional Office, Sawaimadhopur.

¶40

----Respondents

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For Appellant(s) : Mr. Somya Agrawal on behalf of Mr. S.K. Gupta, AAG Mr. H.N. Mishra For Insurance Company : Mr. Vizzy Agarwal

¶42

HON'BLE MRS. JUSTICE SABINA

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Order

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11/07/2018

¶45

Vide this order above mentioned, two appeals would be disposed of.

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I have heard learned counsel for the parties and have gone through the record available on the file carefully.

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(3 of 6)

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[CMA-1770/2006]

¶49

Claimants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of death of Narayan Das in the motor vehicle accident, which had occurred on 11.06.1998.

¶50

On the pleadings of the parties, learned Tribunal had framed Issue No. 1 to the effect as to whether the accident had occurred on 11.06.1998 at about 2.00 a.m. due to rash and negligent driving of the drivers of vehicles bearing registration No. RJ-26-C0441 and RSD-6807.

¶51

AW-2 Babu Khan deposed that on 11.06.1998 he was travelling in Police Gypsy bearing registration No. RJ-26-C-0441 alongwith Narayan Das. The Gypsy was being driven by Amar Singh. After patrolling, they were returning to the police station at about 2.00 a.m. When they had almost reached the police station, a Truck bearing registration No. RSD-6807, came being driven by its driver in a rash and negligent manner, and struck against the Gypsy. As a result, Amar Singh, Narayan Das and Laxmi Narayan died. He further deposed that the accident had occurred due to rash and negligent driving of both the drivers. However, in his cross-examination, he deposed that Gypsy driver was not responsible for causing the accident.

¶52

Driver of the offending Truck has not appeared in the witness-box in rebuttal as he had been proceeded ex-parte.

¶53

Exhibit-3 is the site plan with regard to the accident. A perusal of the same reveals that the Gypsy was coming from Sawai Madhopur side towards police station Aligarh. The Gypsy was on the Kachha portion of the road, whereas, the Truck was

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(4 of 6)

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[CMA-1770/2006]

¶56

coming from Aligarh side and was going towards Sawai Madhopur. The Truck by coming on the wrong side of the road had struck against the Gypsy driven by Amar Singh. Hence, in the present case, it can be said that the accident had occurred due to rash and negligent driving of the Truck driver. The Tribunal fell in error in holding that the Gypsy driver was also negligent, at the time of accident to the extent of 50%.

¶57

During the course of arguments, it has been brought to the notice of this Court that three claim petitions had been filed seeking compensation on accouont of death of Narayan Das, Amar Singh and Laxmi Narayan. Present claim petition has been filed by the claimants with regard to the death of Narayan Das.

¶58

So far as the claim petitions filed by the claimants seeking compensation on account of death of Amar Singh and Laxmi Narayan are concerned, the same were allowed, by the Tribunal vide award dated 10.02.2005. Vide the said award, Tribunal had held that the accident in question had occurred due to rash and negligent driving of Mohammad Khalid while driving the Truck in question.

¶59

Although, claimants in the case of Amar Singh have filed an appeal in this Court seeking enhancement of compensation amount, but the owner/driver of the Insurance Company have not challenged the award dated 10.02.2005 and have accepted the findings of the Tribunal.

¶60

Accordingly, finding of the Tribunal on Issue No. 1 is modified to the extent that the accident had occurred due to rash and

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(5 of 6)

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[CMA-1770/2006]

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negligent driving of respondent-Mohammad Khalid while driving the Truck bearing registration No. RSD-6807.

¶64

The next question that requires consideration is as to what is the amount of compensation liable to be received by the claimants.

¶65

As per Exhibit NA-3, deceased Narayan Das was getting a salary of Rs. 9,659/-, at the time of accident.

¶66

Claimants were the widow and minor children of the deceased, aged between 14 to 18 years. Thus, 1/4th out of the income of the deceased was liable to be deducted towards his personal expenses. Deceased was aged about 44 years, at the time of accident. Hence, appropriate multiplier to work out the dependency of the claimants would be '14'. Thus, the dependency of the claimants comes to Rs. 7,245/- x 12 x 14 = Rs. 12,17,160/-. Claimants would be further entitled to receive an addition of 30% of the said amount towards future prospects of the deceased and the said amount comes to Rs. 3,65,148/-. Claimants would be further entitled to receive Rs. 40,000/towards loss of consortium and Rs.15,000/- towards funeral expenses.

¶67

Thus, claimants would be entitled to receive, in all, Rs. 12,17,160/- + Rs. 3,65,148/- + Rs. 40,000/- + Rs. 15,000/- = Rs. 16,37,308/-.

¶68

Accordingly, both the appeals are allowed. Impugned award dated 27.01.2006 is modified to the extent that the claimants would be entitled to receive Rs. 16,37,308/- by way of compensation instead of Rs. 9,58,000/- as awarded by the

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(6 of 6)

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[CMA-1770/2006]

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Tribunal. The liability to disburse the amount of compensation to the claimants would be of owner, driver and Insurance Company of Truck bearing registration No. RSD-6807 jointly and severally. Remaining terms and conditions of the impugned award shall remain unchanged. It is further ordered that the share of enhanced amount of compensation of the claimants be invested in Fixed Deposit Receipts with some nationalized bank, initially for a period of three years and the interest accrued on the deposit shall be paid to the claimants on monthly basis. Secretary, District Legal Services Authority, Jaipur Metro, in the interest of the claimants shall invest the amount in Fixed Deposit Receipts in the name of the claimants in some nationalized Bank. The Secretary, District Legal Services Authority, Jaipur Metro shall further apprise the claimants regarding the amount which has been granted to them by way of enhancement and the fact that the enhanced amount shall be invested in Fixed Deposit Receipts in some nationalized Bank for their benefit.

¶72

(SABINA),J

¶73

Sudha/25-26

Chief Secretary, Govt.of Raj a v. Smt Prem Lata Doriya and Ors.

Case brief

What is this about?

What did the court decide?

Chief Secretary, Govt.of Raj a v. Smt Prem Lata Doriya and Ors.

Case brief

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