Partly allowed

Smt Amina Bi and Ors. v. Prabandhak National Insurance Co. Ltd. Andor

Rajasthan HC4 Jul 2018CMA/85/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed an appeal challenging a Motor Accident Claims Tribunal award. The court held the compensation amount was appropriate, noting the Tribunal correctly applied a multiplier of 17 and considered income on a higher side than strict documentary evidence warranted, finding no need for enhancement.

What did the court decide?

Termination of appeal. Compensation amount awarded by the Tribunal is not to be enhanced.

Smt Amina Bi and Ors. Vs Prabandhak National… — Execution and Attachment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 85/2018

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Smt. Amina B W/o Shri Sher Mohammad, aged 57 years

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Sher Mohammad S/o Abdul Latif, aged 59 years

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Smt. Rubina W/o Late Shri Mohammad Shakeel, aged 30 years

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Naajbeen D/o Late Shri Mohammad Sahkeel, aged 10 years through Natural guardian and Mother Smt. Rubina

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Sana D/o Late Shri Mohammad Shakeel, aged 9 years through Natural guardian and Mother Smt. Rubina.

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All residents 3914, Topkhano Ka Rasta, Darbar School Ke Pas, Jaipur

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----Appellants

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Versus

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Prabandhak National Insurance Co Ltd, Bhagwati Bhawan M.I. Road, Jaipur (Insurance Company Vehicle No.RJ-PA-0018)

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Rajasthan Rajya Path Parvihan Nigam Limited through Chairman, Ajmer Puliya Ke Niche, Jaipur (Owner Vehicle No.RJ32-PA-0018)

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Jogendra Singh S/o Mukhtiyar Singh, b/c Rajput, R/o rasoolpur, Post Ranikheda, Delhi (Driver Vehicle No.RJ-32-PA0018)

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----Respondents

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For Appellant(s) : Mr. K.N. Tiwari Adv. For Respondent No.2 : Mr. V.P. Mathur Adv.

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HON'BLE MRS. JUSTICE SABINA Judgment

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04/07/2018

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Appellants have filed this appeal, challenging the award dated 08.12.2017 passed by the Motor Accident Claims Tribunal, seeking enhancement of compensation amount.

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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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(2 of 2)

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[CMA-85/2018]

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Appellants had filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of death of Mohammad Shakeel in the motor vehicle accident, which had occurred on 26.12.2007 due to rash and negligent driving of respondent No.3 while driving the offending vehicle. Deceased was aged about 28 years at the time of accident. Hence, the Tribunal has rightly applied the multiplier of 17 to workout the dependency of the appellants. Tribunal has taken the income of the deceased as Rs.4,000/- per month. There was no documentary evidence on record with regard to the income of the deceased. Tribunal has already taken the income of the deceased on a higher side in view of the minimum wages fixed by the State. The income of the deceased was liable to be taken between Rs.2,600/- to Rs.3,510/-. Tribunal has deducted 1/4th out of the income of the deceased towards his personal expenses. Tribunal has granted an addition of 40% of the income of the deceased towards his future prospects and has granted Rs.40,000/- towards loss of consortium, Rs.15,000/- towards funeral expenses and Rs.15,000/- towards loss of estate.

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In the facts and circumstances of the present case, the compensation amount granted by the Tribunal does not require any enhancement.

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Dismissed.

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S.Kumawat/D-63

Smt Amina Bi and Ors. v. Prabandhak National Insurance Co. Ltd. Andor

Case brief

What is this about?

What did the court decide?

Smt Amina Bi and Ors. v. Prabandhak National Insurance Co. Ltd. Andor

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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