The High Court enhanced the motor accident compensation awarded to the appellants. Applying a 40% addition for future prospects per the Apex Court, the total compensation was revised from Rs. 6,77,000 to Rs. 9,77,200.
Enhanced compensation to Rs. 9,77,200 with interest to be granted by the Insurance Company.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 46612015
1.Smt. Vimla Devi W/o Late Dharamraj, aged about 25 years. 2. Kiran D/o Late Shri Dharamraj Meena, aged about 5 years minor through her natural guardian mother Smt. Vimla Devi W/o Late Dharamraj
ears minor through his residents o District Ajmer (Raj.)
----Claimants-Appellants
I. Kanaram S/o Kubadkheda, P.S. Resiclent of No.9 Petr (Driver and Registere .Bolero Car No.RJ-31mpany Ltd. Registered Office, 001, Delta Pla Devi, Mumbai-400025 of Registered Owner of vehicle No.Bolero aimants/Respondents For Appellant(s) m~~r,Pr;ave.e,g+~rln:e 4,rFxi, $* , . h.. !'k& ?P **k ' .*' % %&ad % *, .g "., '?.eY? *-&, a,q :.?Q g '7% ,I For Respondent(s) : ~r?. Virendra Agqarwal
HON'BLE MR. JUSTICE PRAKASH GUPTA
Judament / Order
23/01/2019
This appeal for enhancement of compensation is directed against the judgment and award dated 11.11.2014 passed by the i j Motor Accident Claims Tribunal, Kekri, Ajmer (for short 'the
[CMA-466/2015]
(2 of 3)
tribunalf), whereby, the tribunal awarded a sum of Rs.6,77,000/as compensation along with interest @ 6% per annum.
Learned counsel for the appellants has submitted that the tribunal committed an error in awarding lesser compensation. The tribunal erred in not awarding any amount towards future prospects of the deceased. In the other heads also lesser amount has been awarded.
^& 23% [QB hgye perused the material learned counsel for thewaWf& The claim-pqf %he appellants seekina -. - compensation on acc arma Raj in a motor vehicle accident which oc 12. The income of the deceased which was fibunal as Rs.4,000/- per k month has not been a.gy;of the parties. As the deceased was aged he time of accident, therefore, in view of *$he , j#$mefHonfble Apex Court in B ,- 7 '. , I a b+ rx >qs?+q a .-.q National Insurance company Limited Vs. Pranay Sethi & Ors., reported Z..? AIR 2017 SC 5157, an addition of 4O0/0 is to be added towards future prospect of the deceased, which comes to Rs.l,600/-. Thus, the income of the deceased comes to Rs.5,600/(4,000+1,600). 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 25 years at the time of accident. Thus, multiplier of 18
would be applied to work out the dependency of the claimants. In this way, the dependency of the claimants comes to Rs.9,07,200/(5,600x3/4xl2xl8). The claimants would be further entitled to receive Rs.70,000/- towards conventional heads. Thus, the total amount of compensation receivable by the claimants comes to R~.9,77,200/-(9,07,200+70,000).
Accordingly, this appeal is partly allowed. Impugned
same. The Insurance Congwpagy, .q the enhanced amount ' filing of along with the inter&!!! * Perk within a the claim petition till .g period of two months fr4 (PRAKKSWG U PTA) , J
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal was too low and could be enhanced by considering future prospects of the deceased.
Colour shows how this judgement treated each authority
National Insurance company Limited Vs. Pranay SethiApplied¶17
National Insurance company Limited Vs. Pranay Sethi & Ors., reported AIR 2017 SC 5157 · Who else cites this
Smt. Vimla Devi W/o Late Dharamraj
Kiran D/o Late Shri Dharamraj Meena
Prakash Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
