Dismissed

Smt Birma and Others v. Nasru and Others

Rajasthan HC11 Jan 2019CMA/1582/2015

Case brief

AI extract

What is this about?

In this motor accident claim enhancement appeal, the Hon'ble High Court considered whether the Tribunal's award of Rs. 7,85,000/- was adequate. The appellant argued for a higher amount based on revised income calculation and multiplier application, claiming a total of Rs. 6,72,028/-, but the existing award was substantially higher.

What did the court decide?

The appellant's appeal seeking enhancement of compensation was dismissed.

Smt Birma and Others Vs Nasru and Others — Motor Accident Claims | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 1582/2015

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Smt. Birrna wife of Late Shri Ramswaroop, aged about 41 years

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Radha daughter of Late Shri Ramswaroop, aged about 20 years

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Rambati daughter of Late Shri Ramswaroop, aged about 18 years

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aged about 16

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years

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Ram son of

¶9

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1-axmangarh District Alwar (Rajasthan)

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>v,F+@?$p;%.* Appellant No.4 to 7 are m~:nt++trough their natural guardian $&.% **;i*$$2qqis~. &&&@ &$yy,

¶12

and mother Smt. Birma@i@!~$&$~j,i$~mswaroop.

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Iaimants/AppeIIants

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I.. Nasru son of Banka ent of Jamalpur, Tehsil Laxmangarh District Al 2. Kaluram Alias Kal resident of Kutti Ki talai, Matibada - Owner of the vehicle 3. National Insuran Divisional Office, 61 Arodrum Road, Alwa l'bnk Road, Jaipur thr

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For Appellant(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Vivek Dangi

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Judament / Order

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$1/01/2019

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This appeal has been directed for enhancement of compensation, against the judgment and award dated 18.02.2015

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passed by the Motor Accident Claims Tribunal Laxmangarh, District Alwar (for short 'the tribunal'), whereby, the tribunal awarded a sum of Rs.7,85,000/- as compensation along with interest @ 7.5% per annum.

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Learned counsel for the appellant has submitted that the tribunal committed an error in awarding lesser compensation. On the other hand, it is submitted by the learned

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counsel for the by the couns the appellants and

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record.

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appellants praying for compensation on swaroop in a motor vehicle accident which 012. It is revealed that the tribunal asses deceased as Rs.4,000/per month without any ant time, prevalent rate of minimum wag as Rs.3,822/-. As the deceased was aged he time of accident, therefore, in view of the ***, .,** .-*jy+na Hon'ble Apex Court in x *.'. . . ' '4 . , . : >, ;yy.. National Insurance $mpan$Limited Vs. Pranay Sethi &

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Ors, reported in AIR 2017 SC 5157, an addition of 25% is to be added towards future prospectSof the deceased, which comes to Rs.9561-. Thus, the income of the deceased comes to Rs.4,778/(3,822+956). Keeping in view the number of dependents, one fourth of the said income is liable to be deducted towards personal expenses of the deceased. As the deceased was aged about 42 years at the time of accident, therefore, multiplier of 14 instead of

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[CMA-1582/2015]

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(3 of 3)

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? 15 would be applied to work out the dependency of the claimants. In this way, the amount of compensation comes to Rs.6,02,028/(4,7783/412~14). The claimants would be further entitled to receive a sum of Rs.70,000/- towards conventional heads. Thus, the total amount of compensation receivable by the claimants comes to Rs.6,72,028/-(6,02,028+70,000).

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The tribunal has already awarded Rs.7,85,000/as compensati compensati accordingly

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'PR

Smt Birma and Others v. Nasru and Others

Case brief

What is this about?

What did the court decide?

Smt Birma and Others v. Nasru and Others

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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