Allowed

Jarina v. Trilok Kumar and Ora

Rajasthan HC12 Apr 2019CMA/1724/2018

Case brief

AI extract

What is this about?

The High Court allowed the Motor Accident Claims Appeal, modifying the Tribunal's award to enhance compensation from Rs. 2,95,000/- to Rs. 4,65,000/-. The Court applied a notional income of Rs. 30,000/- per annum and a multiplier of 15 for the deceased minor, plus funnel expenses.

What did the court decide?

The impugned award is modified to allow compensation of Rs. 4,65,000/- instead of Rs. 2,95,000/-; enhanced amount to be invested in Fixed Deposits.

Jarina Vs Trilok Kumar and Ora — Motor Accident Claims | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 1724/2018

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Jarina W/o Late Shri Aabid Ali, aged about 34 years, R/o Ward No.4 Kherthal, Teh. Kishangarh Bass, Distt. Alwar

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----Claimant/Appellant

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Versus

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Trilok Kumar S/o Shri Jainarayan B/c Jatav, R/o Ward No.4 Near Ambedkar Circle, Kherthal, Teh. Kishangarh Bass, Distt. Alwar Driver Vehicle Alto Car No. Rj-02-Cb7510.

¶7

Madhu Jatav W/o Trilok Kumar B/c Jatav, R/o Ward No.4 Near Ambedkar Circle, Kherthal, Teh. Kishangarh Bass, Distt. Alwar Owner Of Vehicle.

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National Insurance Company Limited, By Branch Manager, Branch 32, Vijay Mandir Road, Bhagat Singh Circle, Alwar, Teh. And Distt. Alwar Insurer.

¶9

----Non-Claimants/Respondents

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For Appellant(s) : Mr. Vineet Dixit Adv. For Respondent No.3 : Mr. Ram Singh Bhati Adv.

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HON'BLE MRS. JUSTICE SABINA

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Judgment / Order

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12/04/2019

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Appellant has filed this appeal challenging the award dated 06.01.2018 passed by the Motor Accident Claims Tribunal seeking, enhancement of compensation amount.

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(2 of 3)

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[CMA-1724/2018]

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Learned counsel for the appellant has submitted that the deceased was aged 12 years. Hence, the notional income of the deceased was liable to be taken as Rs.30,000/- per annum. In support of his arguments, learned counsel has placed reliance on the judgment of the Hon’ble Supreme Court in Kishan Gopal and

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Another Versus Lala And Others (2014) 1 Supreme Court Cases 244 .

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Learned counsel for respondent No.3 has opposed the appeal.

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Appellant had filed the claim petition under Section 166 of the Motor Vehicle Act, 1988, seeking compensation on account of death of her son Moin Khan in the motor vehicle accident, which had occurred on 04.06.2014.

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Deceased was aged about 12 years at the time of accident. Hence, the notional income of the deceased is liable to be taken as Rs.30,000/- per annum and multiplier of ‘15’ is liable to be applied to work out the amount of compensation. Thus, the appellant would be entitled to receive Rs.4,50,000/- by way of compensation on account death of her son in the motor vehicle accident. Appellant would be further entitled to receive Rs.15,000/towards funeral expenses.

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Thus, the appellant is entitled to receive in all Rs.4,50,000/- + Rs.15,000/- = Rs.4,65,000/- by way of compensation.

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Accordingly, this appeal is allowed. Impugned award dated 06.01.2018 is modified to the extent that the appellant would be entitled to receive Rs.4,65,000/- by way of compensation instead of Rs.2,95,000/- as awarded by the Tribunal. Remaining terms and conditions of the award shall remain unchanged. It is further

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(3 of 3)

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[CMA-1724/2018]

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ordered that the enhanced amount of compensation of the appellant be invested in Fixed Deposit Receipts with some Nationalized Bank, initially for a period of three years and the interest accrued on the deposit shall be paid to the appellant on monthly basis. The Secretary, District Legal Services Authority, Kishangarh, District Alwar shall invest the amount in Fixed Deposit Receipts in the name of the appellant in some Nationalized Bank. The Secretary, District Legal Services Authority Kishangarh, District Alwar shall further apprise the appellant with regard to the amount which has been granted to her by way of enhancement and the fact that the enhanced amount shall be invested in Fixed Deposit Receipts in some Nationalized Bank for her benefit.

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(SABINA)J.

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Sanjay Kumawat-68

Jarina v. Trilok Kumar and Ora

Case brief

What is this about?

What did the court decide?

Jarina v. Trilok Kumar and Ora

Case brief

What is this about?

What did the court decide?

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