Allowed

Smt.Amandeep Kaur and Ors. v. Smt.Manju and Anr.

Rajasthan HC3 Sept 2020CMA/866/2011

Case brief

AI extract

What is this about?

The High Court of Rajasthan enhanced the motor accident compensation awarded to the appellants from Rs. 5,31,000 to Rs. 6,74,800 by applying the multiplier method outlined in National Insurance Company Ltd. Vs. Pranay Sethi.

What did the court decide?

Enhanced compensation of Rs. 1,43,800 granted along with interest @ 6% per annum from date of filing of claim till actual payment.

Smt.Amandeep Kaur and Ors. Vs Smt.Manju and Anr. — Motor Accident Claims | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Misc. Appeal No. 866/2011

¶3

Smt.amandeep Kaur And Ors.

----Appellant

Versus

Smt.manju And Anr.

----Respondent

For Appellant(s) : Mr. GR Goyal For Respondent(s) : Mr. Jagdish Vyas Mr. LK Purohit

¶9

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶10

Order

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03/09/2020

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

¶13

The appellants have preferred this appeal for enhancement of compensation awarded vide judgment and award dated 14.01.2011 passed by learned Judge, Motor Accident Claims Tribunal, Bikaner in MACT Case No.398/2006.

¶14

At the outset, learned counsel for the appellants submits that there is no dispute regarding factual matrix of the case arrived at by the learned Tribunal and thus, he does not press the challenge on merits but seeks re-computation of the award while adhering to the judgment of Hon'ble Supreme court in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. ; AIR 2017 SC 5157.

¶15

In light of the limited prayer made, learned counsel for the parties were asked to jointly submit the calculation afresh as

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(2 of 2)

¶17

[CMA-866/2011]

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per the judgment of Pranay Sethi (supra), which they have furnished before this Court, which reads as follows:-

¶19

Age of the Deceased	31years
Multiplier	16
Future Prospects	40%
Deduction on count of Personal Expenses	1/4
MonthlyIncome of the Deceased	Rs.3,000/-
Monthly Income after adding Future Prospects	Rs.4,200/-
Monthly Income after deducting Personal Expenses	Rs.3,150/-
YearlyIncome of the deceased	Rs.37,800/-
Total Income after applyingMultiplier	Rs.6,04,800/-
Other Conventional Heads	Rs.70,000/-
Total Compensation	Rs.6,74,800/-
Compensation awarded byTribunal	Rs.5,31,000/-
Enhanced Compensation.	Rs.1,43,800/-

¶20

In light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra) , the enhanced award of Rs. 1,43,800 /- is granted which shall be payable along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within three months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after three months from today) till actual payment is made.

¶21

The appeal is accordingly disposed of. All pending applications also stand disposed of.

¶22

(DR.PUSHPENDRA SINGH BHATI),J

¶23

12-sudheer/-

Smt.Amandeep Kaur and Ors. v. Smt.Manju and Anr.

Case brief

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Smt.Amandeep Kaur and Ors. v. Smt.Manju and Anr.

Case brief

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