Partly allowed

Smt. Sonal Agrawal W/O Late Shri Amit Agarwal v. Namita Somani D/O Shri Radheyshyam Somani

Rajasthan HC13 Jan 2021CMA/4286/2019

Case brief

AI extract

What is this about?

Holding that the Motor Accidents Claims Tribunal wrongly applied a 16% multiplier instead of 17% for a deceased aged 31, this appeal is partly allowed to enhance the compensation awarded. The enhancement amounts to approximately Rs. 2,65,784.

What did the court decide?

Compensation enhanced by Rs. 2,65,784/-; interest fixed at 6% per annum from the date of filing the claim petition.

Smt. Sonal Agrawal W/O Late Shri Amit Agarwal Vs… — Specific Performance | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 4286/2019

¶3

Smt. Sonal Agrawal W/o Late Shri Amit Agarwal, Aged About 34 Years, R/o A-59, Shanti Path, Tilak Nagar, Jaipur.

¶4

Ku. Ridhi D/o Late Shri Amit Agarwal, Aged About 10 Years, Through Natural Guardian And Mother Smt. Sonal Agarwal, R/o A-59, Shanti Path, Tilak Nagar, Jaipur.

¶5

Ku. Sidhi D/o Late Shri Amit Agarwal, Aged About 9 Years, Through Natural Guardian And Mother Smt. Sonal Agarwal, R/o A-59, Shanti Path, Tilak Nagar, Jaipur.

¶6

Omprakash Agarwal S/o Late Shri Raghunath Das Mittal, Aged About 69 Years, R/o A-59, Shanti Path, Tilak Nagar, Jaipur.

¶7

Smt. Shakuntla Agarwal W/o Shri Omprakash Agarwal, R/o A-59, Shanti Path, Tilak Nagar, Jaipur.

¶8

----Appellants

¶9

Versus

¶10

Namita Somani D/o Shri Radheyshyam Somani, R/o A- 279, R.k. Colony, Bhilwara (Driver Car No. Rj-06-Cc2702).

¶11

Vijay Laxmi Somani S/o Shri R.s. Somani, R/o A-279, R.k. Colony, Bhilwara (Owner Car No. Rj-06-Cc-2702).

¶12

Future General Insurance Company Limited, Through Regional Manager, Royal Words, Sansar Chandra Road, Jaipur Policy No. Hfb24890 Valid Up To 4.5.15 To 3.5.16 (Insurance Company Car No. Rj-06-Cc-2702).

¶13

----Respondents

¶14

For Appellant(s) : Mr. Khagendra nath Tiwari, through VC For Respondent(s) : Mr. Virendra Agarwal, through VC

¶15

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

13/01/2021

(2 of 3)

[CMA-4286/2019]

Claimants-appellants have filed this miscellaneous appeal for enhancement of amount of compensation awarded by Motor Accidents Claims Tribunal, No.2, Jaipur Metro, Jaipur in MACT case No.736/2015.

¶21

The Insurance Company does not dispute the liability to pay the compensation. The learned Tribunal framed issue No.4 with regard to quantum of compensation and awarded compensation to the tune of Rs.43,18,384/- along with an interest @ 7.5%.

¶22

On perusal of the record, it reveals that deceased Amit Agarwal was aged 31 years, at the time of alleged incident and the claimants are wife, two minor children and parents.

¶23

The learned Tribunal assessed the monthly income of deceased to the tune of Rs.21,073/- per month on the basis of Income Tax returns filed by the claimants which were marked as Exhibit 20 and 21 respectively.

¶24

The deceased was working as Sales Executive in Samriddhee Sales Corporation. The learned Tribunal adopted multiplier of 16% and allowed future prospects 40% and thereafter 1/4th amount was deducted and passed compensation to the tune of Rs.43,18,384.

¶25

Taking note of the age of the deceased, the Tribunal has wrongly applied multiplier of 16% though multiplier of 17%, ought to have been applied. Thus the amount of the compensation assessed on applying multiplier of 17% comes as under:-

¶26

21073-1/4=15,804.80 round off 15805+40% future prospects1217=45,14,108+70000 conventional head=45,84,108-43,18,384=2,65,724 to be enhanced.

¶27

In view of calculation on applying multiplier of 17% the amount of Rs.2,65,724/- needs to be enhanced.

¶28

(3 of 3)

¶29

[CMA-4286/2019]

¶30

In view of the above, the appeal is partly allowed and the compensation awarded by the Tribunal is enhanced to the tune of Rs.2,65,784/- in addition to the awarded amount of compensation along with the interest @ 6% per annum from the date of filing of the claim petition.

¶31

(GOVERDHAN BARDHAR),J

¶32

AARZOO ARORA /30

Smt. Sonal Agrawal W/O Late Shri Amit Agarwal v. Namita Somani D/O Shri Radheyshyam Somani

Case brief

What is this about?

What did the court decide?

Smt. Sonal Agrawal W/O Late Shri Amit Agarwal v. Namita Somani D/O Shri Radheyshyam Somani

Case brief

What is this about?

What did the court decide?

What the court decided

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