This appeal sought enhancement of motor accident compensation previously awarded by the Tribunal. The High Court recalculated future prospects and estate loss based on deceased's income and awarded an additional Rs. 26,600 along with interest.
Additional compensation of Rs. 26,600 with 7% p.a. interest to be paid within eight weeks.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 1496/2014
Smt. Shanti Devi And Anr.
----Appellants
Versus
Vinod Kumar And Ors.
----Respondents
For Appellant(s) : Mr. Hemant Bhati for Mr. Sanjay Nahar For Respondent(s) : Mr. Vipul Singhvi
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
20/08/2019
The present appeal has been preferred by the appellants for enhancement of the amount awarded by the learned Motor Accident Claims Tribunal, Shahpura, District Bhilwara vide award dated 11.06.2014 in Motor Accident Claim Application Case No. 61/2011.
The present appellants preferred a claim petition on various grounds before the learned Motor Accident Claims Tribunal, Shahpura, District Bhilwara for grant of compensation. The reply was filed on behalf of the respondents denying the allegations in the claim petition. Thereafter, on completion of the pleadings the learned Tribunal framed the issues.
After hearing the counsel for the parties, the learned Tribunal decided the claim petition of the appellants and awarded a sum of Rs.4,57,000/- in favour of the appellants and directed the
(2 of 3)
[CMA-1496/2014]
respondents to pay an interest @ 7% per annum on the amount awarded from the date of filing of the claim petition till actual payment is made.
Learned counsel for the appellants submits that although, the amount has been awarded by the learned tribunal in favour of the appellants towards the future prospects but the correct amount which is required to be awarded in the head of future prospects of the deceased 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.
The counsel for the respondent does not dispute the proposition of law laid down in the case of Pranay Sethi (supra).
I have considered the submissions made at the Bar and gone through the award passed by the learned Tribunal.
The amount which has been taken into consideration in the column of future prospects is on the lower side, thus, the computation which is required to be done in the present case is as under :-
| For future prospects :- |
40% of Rs.3000/- (Income of deceased) |
Rs. 1200/- |
|---|---|---|
| Rs. 3000/- + Rs. 1200 | /- | Rs. 4200/- |
| Amount spent on |
to be deducted as himself. |
Rs. 4200/- / 1/2 = Rs. 2100/- |
| Dependence Amount | Rs. 4200 – Rs. 2100 = Rs. 2100/- |
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[CMA-1496/2014]
The age of deceased was 20 years therefore, a multiplier of
18 will be used.
| (I) | Compensation due to death |
2100 x 12 x 18 | Rs. 4,53,600/- |
|---|---|---|---|
| (II) | For the Loss of Estate | Rs. 15,000/- | |
| (III) | Funeral Expenses | Rs. 15,000/- | |
| Total | Rs. 4,83,600/- | ||
| Amount awarded by the award dated 11.06.2014 |
Tribunal vide | Rs. 4,57,000/- | |
| Enhanced amount | Rs. 26,600/- |
Consequently, in view of the calculation made above, the appellants are entitled for an additional amount of compensation of Rs. 26,600/-. Since, the amount of compensation as awarded by the learned Motor Accident Claim Tribunal, Shahpura, District Bhilwara vide award dated 11.06.2014 has already been paid, the enhanced amount should be paid to the appellants. The appellants are also entitled to an interest @ 7% on the enhanced amount from the date of filing of the claim petition i.e. 10.03.2011. The enhanced amount be paid with an interest @ 7% p.a. within a period of eight weeks from today.
The present Misc. Appeal stands disposed of accordingly.
(VINIT KUMAR MATHUR),J
147-Inder/-
1 issue framed by the court
Whether compensation awarded by the Tribunal should be enhanced in light of the Supreme Court judgment in Pranay Sethi case.
Colour shows how this judgement treated each authority
National Insurance Company Limited V/s Pranay Sethi & Ors.Referred¶18
S.L.P. (Civil) Case No. 25590/2014 (National Insurance Company Limited V/s Pranay Sethi & Ors.)
Shanti Devi
Vinod Kumar
Vinit Kumar Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
