Allowed

Smt. Bebi Devi and Ors. v. Heera Lal and Ors.

Rajasthan HC29 Aug 2019CMA/1538/2016

Case brief

AI extract

What is this about?

In this civil miscellaneous appeal, the High Court of Rajasthan enhanced the compensation awarded by the Motor Accident Claims Tribunal. The Court applied the future prospects formula from National Insurance Co. Ltd. v. Pranay Sethi, directing the payment of an additional amount with interest.

What did the court decide?

Awarded an additional compensation of Rs. 2,58,640/- plus interest at 7% p.a. to be paid within eight weeks from the date of judgment.

Smt. Bebi Devi and Ors. Vs Heera Lal 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. 1538/2016

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Smt. Bebi Devi And Ors.

----Appellants

Versus

Heera Lal And Ors.

----Respondents

For Appellant(s) : Mr. H. R. Chawla For Respondent(s) : Mr. Sunil A. Vyas

¶9

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Judgment

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29/08/2019

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Service upon the respondent No.1 & respondent No.2 is dispensed with at the risk and cost of the learned counsel for the appellants.

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The instant appeal has been preferred by the appellants for enhancement of the amount awarded by the learned Motor Accident Claims Tribunal, Bikaner vide award dated 22.03.2016 in Motor Accident Claim Case No. 209/2012.

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The appellants preferred a claim petition on various grounds before the learned Motor Accident Claims Tribunal, Bikaner for grant of compensation. The reply was filed on behalf of the respondent/s denying the allegations made 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

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(2 of 3) [CMA-1538/2016]

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Rs.6,81,504/- in favour of the appellants and directed the

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respondents to pay an interest @ 7.5% per annum on the amount awarded from the date of filing of the claim petition till actual payment is made.

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Learned counsel for the appellants submits that learned Tribunal has not awarded any amount towards the future prospects of the deceased in the 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 has not been taken into account while computing the compensation in the present cases.

¶20

The counsel for the respondents 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 have gone through the award passed by the learned Tribunal.

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Taking into consideration the judgment of the Hon’ble Supreme Court in the case of Pranay Sethi (Supra) 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.4316/- (Income of deceased)	Rs. 1726/-
Rs. 4316/- + Rs. 1726/-	Rs. 6042/-
Amount to be deducted as spent on himself.	Rs. 6042/- / 1/4 = Rs. 1510/-
Dependence Amount	Rs. 6042 – Rs. 1510 = Rs. 4532/-

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(3 of 3)

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[CMA-1538/2016]

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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	4532 x 12 x 16	Rs.	8,70,144/-
(II)	For the Loss of Estate		Rs.	15,000/-
(III)	For Loss of Consortium		Rs.	40,000/-
(III)	Funeral Expenses		Rs.	15,000/-
		Total	Rs.	9,40,144/-
	Amount awarded by the award dated 22.03.2016	Tribunal vide (-)	Rs.	6,81,504/-
	Enh	anced amount	Rs.	2,58,640/-

¶28

Consequently, in view of the calculation made above, the appellants are awarded an additional amount of compensation of Rs.2,58,640/-. Since, the amount of compensation as awarded by the learned Motor Accident Claim Tribunal,Bikaner vide award dated 22.03.2016 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. The enhanced amount be paid with an interest @ 7% p.a. within a period of eight weeks from today.

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The present Misc. Appeal stands disposed of accordingly. Record of the learned Tribunal be sent back immediately.

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(VINIT KUMAR MATHUR),J

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47-SunilS/-

Smt. Bebi Devi and Ors. v. Heera Lal and Ors.

Case brief

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Smt. Bebi Devi and Ors. v. Heera Lal and Ors.

Case brief

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