Allowed

Smt.Geeta and Ors. v. Sona Ram and Ors.

Rajasthan HC29 Aug 2019CMA/1266/2013

Case brief

AI extract

What is this about?

The High Court enhanced the compensation awarded by the Motor Accident Claims Tribunal by Rs. 1,60,096/- against the Insurance Company, directing the respondent to pay the additional amount with interest within six weeks.

What did the court decide?

Appellants awarded an additional compensation of Rs. 1,60,096/- with interest at 7% p.a., to be paid by the respondents within six weeks.

Smt.Geeta and Ors. Vs Sona Ram and Ors. — Motor Accident Claims | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S. B. Civil Misc. Appeal No. 1266/2013

Smt. Geeta and ors.

----Appellants

Versus

Sona Ram and ors.

----Respondents

For Appellant(s) : Mr. M.S. Soni for Mr. Rajesh Panwar For Respondent(s) : Mr. Jagdish Vyas

¶9

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment

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29/08/2019

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The present appeal has been preferred by the appellants for enhancement of the amount awarded by the learned Motor Accident Claims Tribunal (First), Jodhpur vide Award dated 21.03.2013 in Motor Accident Claim Case No. 295/2009.

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The present appellants preferred a claim petition on various grounds before the learned Motor Accident Claims Tribunal, Udaipur for grant of compensation. The reply was filed on behalf of the respondent-insurance company denying the allegations in the claim petition. Thereafter, on completion of the pleadings the learned Tribunal framed the issues.

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After hearing the counsel for the parties, the learned Tribunal decided the claim petition of the appellants and awarded a sum of Rs. 14,21,904/- in favour of the appellants and directed the respondents to pay an interest @ 8.5% per annum on the amount awarded.

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Heard learned counsel for the parties.

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Learned counsel for the appellants submits that the although, the amount has been awarded by the learned tribunal in

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(2 of 3)

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[CMA-1266/2013]

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favour of the appellants towards the future prospects as well as general damages but the correct amount which is required to be awarded in the heads of future prospects of the deceased and general damages has not been granted in light of the judgment of Hon’ble Supreme Court in the case of S.L.P. (Civil) Case No. 25590/2014 ( National Insurance Company Limited V/s Pranay Sethi & Ors.) reported in 2017/ACJ/2700, 2017(4)J.L.J.R. 275, 2017(4)P.L.J.R. 261. He further submits that the learned tribunal has erred while computing the future prospects of the deceased only to the extent of 30%. The deceased was below the age of 40 years (35 years) and therefore, the future prospects to the extent of 40% should have been taken into consideration while computing the award in light of the judgment in the case of Pranay Sethi (supra).

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Learned counsel for the respondent does not dispute the proposition of law laid down in the case of Pranay Sethi (supra).

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I have considered the submissions made at the Bar and gone through the award passed by the learned Tribunal.

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The amount which has been taken into consideration in the column of future prospects as well as general damages is on the lower side, thus, the computation which is required to be done in the present case is as under :-

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For future prospects :-	40% of Rs.7,500/- (Income of deceased)	Rs. 3,000/-
Rs. 7,500/- + Rs. 3,00	0/-	Rs. 10,500/-
Amount spent on	to be deducted as himself.	Rs. 10,500/- / 1/4th = Rs. 2,625/-
Dependence Amount		Rs. 10,500 – Rs. 2,625/- = Rs. 7,875/-/-

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(3 of 3)

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[CMA-1266/2013]

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The age of deceased was 35 years therefore, a multiplier of 16 will be used.

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(I)	Compensation due to death 7,875 x 12 x 16	Rs.	15,12,000/-
(II)	Loss of Consortium	Rs.	40,000/-
(III)	For the Loss of Estate	Rs.	15,000/-
(IV)	Funeral Expenses	Rs.	15,000/-
	Total	Rs.	15,82,000/-
	Amount awarded by the Tribunal vide award dated 21.03.2013	Rs.	14,21,904/-
	Enhanced amount	Rs.	1,60,096/-

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Consequently, in view of the calculation made above, the appellants are entitled for an additional amount of compensation of Rs. 1,60,096/-. Since, the amount of compensation as awarded by the learned Motor Accident Claim Tribunal (First), Jodhpur vide award dated 21.03.2013 has already been paid, the enhanced amount should be paid to the appellants. The appellants are also entitled to an interest @ 7% p.a. on the enhanced amount from the date of filing of the claim petition. The enhanced amount be paid with an interest @ 7% p.a. within a period of six weeks from today.

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The present misc. appeal stands disposed of accordingly. The record be sent back to the learned tribunal forthwith.

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(VINIT KUMAR MATHUR),J

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31-Inder/-

Smt.Geeta and Ors. v. Sona Ram and Ors.

Case brief

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Smt.Geeta and Ors. v. Sona Ram and Ors.

Case brief

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