Partly allowed

Kamla and Ors. v. Mohd. Hanif and Ors.

Rajasthan HC21 Aug 2019CMA/616/2018

Case brief

AI extract

What is this about?

In an S.B. Civil Misc. Appeal regarding insufficient compensation, the High Court of Rajasthan corrected the Motor Accident Claims Tribunal's error in calculating the deceased's income. The Court enhanced the award by Rs. 2,33,224. The balance is to be paid by the insurer within eight weeks. Interest on the enhanced amount is fixed at 7%.

What did the court decide?

The award enhanced by Rs. 2,33,224. Interest at 7% on enhanced amount. Balance payable within 8 weeks.

Kamla and Ors. Vs Mohd. Hanif and Ors. — Motor Accident Claims | Rajasthan HC (2019)

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(1 of 3)

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[CMA-616/2018]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 616/2018

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Kamla W/o Sohanlal, aged 60 years,

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Santosh D/o Sohanlal, aged 35 years,

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Vinit S/o Santosh Mother, aged about 16 years, All By Caste - Nai, Resident Of Pipaliya Kalla, TehsilRaipur, District - Pali (Raj.)

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Appellant No. 3 Minor Through Mother Appellant No. 2

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----Appellants

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Versus

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Mohd. Hanif S/o Daud Bhai, By Caste Ghanchi, Musalman, Resident Of Modasa, Raseedabad Society, P.s. Modasa City, District - Sabarkantha Arwali, Gujarat.

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Driver.

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Anil Jethabhai Momaya S/o Jethabhai Momaya, R/o Vlage Plate Jairaj Coplex, Kalwar, Tehsil - Bhiwandi, District - Thani, Gujrat, At Present Sadgurudrishti, Miyani Nar Balji Ladla Road, Mulund West Mumbai Maharastra

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Registered Owner.

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Ponhchiya Rafiqbhai S/o Ibrahimbhai Musalman, R/o Rehnuma Society Modasa, 41 District - Sabarkantha Arwali, Gujarat

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Power Of Attorney Holder

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The New India Insurance Company Limited Khailand Market, Kotwali Scheme Ajmer, Rajasthan. - Insurer

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Insurer

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----Respondents

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For Appellant(s) : Mr. Ravi Panwar For Respondent(s) : Mr. Daulat Singh Rathore Mr. R. R. Ankiya, Res.No.1 & 2

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Judgment

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21/08/2019

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Service upon respondent Nos. 1 & 2 is dispensed with at the risk and cost of the appellants.

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The matter is taken up and heard finally today itself with the consent of the parties.

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(2 of 3)

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[CMA-616/2018]

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The present appeal has been preferred by the appellants for enhancement of the amount awarded by the learned Motor Accident Claims Tribunal, Jaitaran, District Pali vide award dated 16.11.2017 in Motor Accident Claim Case No. 153/2016.

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The present appellants preferred a claim petition on various grounds before the learned Motor Accident Claims Tribunal, Jaitaran, District Pali for grant of compensation. The reply was filed on behalf of the respondent No.4 Insurance company 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 appellant and awarded a sum of Rs.4,53,308/- in favour of the appellants and directed the respondents to pay an interest @ 9% per annum on the amount awarded from the date of filing of the claim petition till actual payment is made.

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Learned counsel for the appellants submits that the Tribunal has committed an error while taking into account the income of the deceased Rs. 4,087/-. The counsel for the appellants submits that while computing the income of the deceased, the amount of Rs. 4,087/- should have been deducted from the monthly income i.e. Rs. 12,260/- and rest of the amount i.e. Rs. 8,173/- should have been taken into consideration while computing the award.

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Learned counsel for the respondents does not dispute the calculation error made by the learned Tribunal and he fairly submits that an amount of Rs. 8,173/- should have been taken into consideration while computing the award.

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(3 of 3)

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[CMA-616/2018]

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I have considered the submissions made at the Bar and in

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the light of the submissions made above, the computation of the

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award should be as under :-

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Rs. 8,173/- X 12 X 07 =	Rs. 6,86,532/-
Amount awarded by the Tribunal vide	Rs. 4,53,308/-
award dated 16.11.2017 (-)
Enhanced amount	Rs. 2,33,224/-

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No other point has been pressed before this Court.

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Accordingly, the present appeal is partly allowed. The award dated 16.11.2017 passed by the learned Tribunal is modified and the claimants are entitled to the enhanced amount of Rs. 2,33,224/-.

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Needless to say that the amount already paid in pursuance of the award dated 16.11.2017 should be deducted and the balance amount is directed to be paid to the claimants by the Insurance Company within a period of eight weeks from today. The enhanced amount shall carry an interest @ 7% from the date of filing of the claim petition.

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Record of the learned Tribunal be sent back immediately.

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(VINIT KUMAR MATHUR),J

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53-SunilS/-

Kamla and Ors. v. Mohd. Hanif and Ors.

Case brief

What is this about?

What did the court decide?

Kamla and Ors. v. Mohd. Hanif and Ors.

Case brief

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What did the court decide?

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