This is an appeal against the Motor Accident Claims Tribunal's award of Rs. 7,13,000 in a motor accident claim. The High Court held the awarded sum just and reasonable and dismissed the appeal for enhancement.
The appeal was dismissed as the awarded compensation was found just and reasonable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OE JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appea.1 No. 346812016
1.Murti Devi alias Mukti Devi W/o Late - Mohanlal, Age about 40 yea rs.
2.Mahesh S/o Late Mohanlal Gurjar, Age about 20 years.
Prempura, Tehsilard No.20, Mordha, vehicle no.RJ-06-GA...
Thanagazi, Distt.-Alw ard No.20, Mordha, Tehsil Kotputli, Distt.' vehicle no.RJ-06-GA0654). ... 3.Prakash Chand iivardayal, R/o Ajabpura Amli ki dhani, P gazi, Distt. Alwar (Driver of vehicle No. dents-non-claimants. qj&&$,.bs,.%.,,9 , 2: ar$;7 "b&s&ww&; J&$f $ Y&,$&$ srrri.;w*swT ,Tp>W&:G .... &%4&,MTMTMTMTMTMTMT ,&;,?i$~&~~n"' For Appellant(s) , &M;Eg@ltp~udin2 For Respondent(s) 33 %@% -%""%9 WE 7\q
v,
HON'BLE MR. JUSTICE PRAKASH GUPTA .
Order
This appeal for enhancement of compensation is directed against the judgment and award dated 30.11.2015 passed by the .A Motor Accident Claims Tribunal, Alwar (for short "the Tribunal") in
Claim Case No.92/2011, whereby the tribunal awarded a sum of Rs.7,13,000/as compensation along with interest @ 7.5% per annum from the date of filing of claim petition.
Learned counsel for the appellants has submitted that the tribunal committed an error in awarding lesser compensation. The -+ tribunal did not award any amount towards future prospects of the deceased.
I have counsel record.
,&* compensation on accouLnjt~ oFi?j iBAof sz Mohan Lal Gurjar in the $5 *&-% motor vehicle accid'
assessed the income
However, the rate of t at the relevant time, fixed by the State was Therefore, the income of :;$f+&Tf i2.g 8 IS@ **~~~~~~~~~.*~~&.,2?** e&ilin# *>'& ~a tional Insurance
Company Limited Vs rs, reported ' in AIR 2017 SC 5157, an addition of 40% of the aforesaid income is to be awarded towards future prospects of the deceased, which comes to Rs.3,640/- (2600+1,040)-. Thus, the monthly income of the deceased comes to Rs.3,640/- . Keeping in view the number o.f the dependents, one fourth of the said income is liable to be deducted towards personal expenses of deceased. The age of the deceased' was 35 years, therefore, multiplier of 16 to work out the dependency of the claimants is liable to be .applied. Thus, the
dependency of the claimants -- comes to Rs.5,24,160/[(3640-910) 2730x.l:2x16]. The claimants would be further entitled .to receive ,.. an addition of Rs.70,000/- towards conventional heads. Thus, the total amou'nt of compensation comes to -Rs.5,94,160/(5,24,160 +70,000).
The tribunal has already awarded Rs.7,13,000/as compensation, which is just and reasonable, therefore, no ground ,+: tS7 &F aG%m p+J: is made out to enha:n'ikih se&-j@$a;m ntqo-@ do m"?e nsati n. ,$ Js;jL# * <c '% g-.l. Conseque+ntl$ the appeal fails and is accordip~Jpjismissed. .. "$& f \
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal should be enhanced.
Whether an amount should be awarded towards future prospects of the deceased.
Colour shows how this judgement treated each authority
NLB Insurance Company LimitedReferred¶19
NLB Insurance Company Limited Vs rs, reported in AIR 2017 SC 5157 · Who else cites this
1 provisions across 1 enactments
Murti Devi alias Mukti Devi and others
ICICI Lomb Mumbai and others
Prakash Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
