Allowed

Smt. Rukmani Devi and Ors. v. Suraj Das and Ors.

Rajasthan HC19 Aug 2019CMA/380/2015

Case brief

AI extract

What is this about?

The High Court allowed the appeal to enhance compensation awarded by the Motor Accident Claims Tribunal. Following the Supreme Court judgment in National Insurance Company Ltd. vs. Pranay Sethi, the Court recomputed damages, directing an additional payment of Rs. 4,36,000 with interest.

What did the court decide?

The appeal was allowed and respondents directed to pay additional Rs. 4,36,000 with interest.

Smt. Rukmani Devi and Ors. Vs Suraj Das… — Contract and Commercial Disputes | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Misc. Appeal No. 380/2015

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Smt. Rukmani Devi W/o. Late Shiv Prasad aged about 53 years,

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Manoj S/o. Late Shri Shiv Prasad

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Pankaj S/o. Late Shri Shiv Prasad

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Seema D/o. Late Shri Shiv Prasad

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Surendra S/. Late Shri Shiv Prasad

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All B/c Suthar, R/o. Ward No.33, Sardarshahar, District Churu.

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----Appellants

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Versus

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Suraj Das S/o. Baleshwar Das, B/c Dhanak, R/o. Guru Nanak Basti, Gali No.3, Police Station Jawahar Nagar, Sri Ganganagar.

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…. (Cantor Driver)

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Brij Lal S/o. Shri Pat Ram B/c Kumahar, R/o. 3-E Chhoti, Ramlal Colony, Sri Ganganagar.

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…..(Owner of Cantor)

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Sri Ram General Insurance Company Limited through Branch Manager, E/8, E.P.I.P. RIICO Industrial Area, Sitapur, Jaipur.

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…..(Insurance Company)

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----Respondent

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For Appellant(s) : Mr. G. R. Goyal For Respondent(s) : Mr. Vishal Singhal for respondent No.3

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Judgment

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19/08/2019

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The matter comes upon an application (01/2019) for early hearing of the matter.

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For the reasons mentioned in the application, the same is allowed. With the consent for the parties, the matter is heard

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(2 of 4)

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[CMA-380/2015]

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finally today itself.

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The present appeal has been preferred by the appellants for enhancement of the compensation amount awarded by the learned Motor Accident Claims Tribunal, Churu vide award dated 11.12.2014 passed in Motor Accident Claim Application Case No. 10/2011.

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The present appellants preferred a claim petition on various grounds before the learned Motor Accident Claims Tribunal, Churu 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.

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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 Rs. 7,98,800/- in favour of the appellants and directed the respondents to pay interest @ 6% per annum on the amount awarded from the date of filing of the application i.e. 13.01.2011.

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Learned counsel for the appellant submits that the computation of the salary of the deceased and the future prospects have not been properly dealt with by the Tribunal and, therefore, the Tribunal has erred while passing the award of compensation in the present case vide award dated 11.12.2014. He further submits that the re-computation of the income o the deceased and the future prospects applicable in the present case are required to be decided in the light of 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.)

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(3 of 4)

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[CMA-380/2015]

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reported in 2017/ACJ/2700, 2017(4)J.L.J.R. 275, 2017(4)P.L.J.R. 261.

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The counsel for the respondent is not in a position to dispute the submissions made by the appellants.

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The computation which is required to be done in the present case is as under :-

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D.O.A. = 2010 Income of deceased = Rs. 96,000/- per annum Future Prospects = 30% Age 43 Years = 14 (Multiplier as per Sarla Verma’s Case u/s 166)

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(Rs. 96000/- + 28,800/-) x 14 – 1/3	Rs. 11,64,800/-
Loss of Consortium	Rs. 40,000/-
Loss of Estate	Rs. 15,000/-
Funeral Expenses	Rs. 15,000/-
Total	Rs. 12,34,800/-
Alreadyawarded bylearned Tribunal(-)	Rs. 7,98,800/-
Final Total	Rs. 4,36,000/-

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Therefore, the re-computation of the award will show that the claimants are entitled to an amount of Rs. 4,36,000/- in addition to whatever has been awarded by the Tribunal. Since the counsel for the parties have addressed only these two issues, this Court has not disturbed the findings of the Tribunal on the other issues dealt with.

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In the circumstances, the appeal is allowed. The respondents are directed to disburse an amount of Rs. 4,36,000/to the claimants in addition to the amount already awarded by the

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(4 of 4) [CMA-380/2015]

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learned Tribunal vide its award dated 11.12.2014 within a period of two months from today. The enhanced amount will carry an interest @ 6% per annum with effect from date of filing of the claim petition i.e. 13.01.2011 till the same is actually paid to the claimants.

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(VINIT KUMAR MATHUR),J

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12-SunilS/-

Smt. Rukmani Devi and Ors. v. Suraj Das and Ors.

Case brief

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Smt. Rukmani Devi and Ors. v. Suraj Das and Ors.

Case brief

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