Partly allowed

Smt. Mirki and Ors. v. Dasrath Singh and Ors.

Rajasthan HC14 Dec 2023CMA/1070/2004

Case brief

AI extract

What is this about?

High Court of Rajasthan at Jodhpur partly allowed an appeal challenging a Motor Accident Claims Tribunal award. The Court enhanced the compensation due to the deceased, correcting the multiplier for the age group and adjusting conventional heads like funeral expenses and consortium, while determining the deduction rate for sisters.

What did the court decide?

Enhanced compensation from Rs. 2,71,800 to Rs. 4,72,880 including interest at 7.5% p.a., to be deposited within two months.

Smt. Mirki and Ors. Vs Dasrath Singh and Ors. — Motor Accident Claims | Rajasthan HC (2023)

¶1

[2023:RJ-JD:43831]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Misc. Appeal No. 1070/2004

¶4

Smt. Mirki w/o Late Bhagwati Meena, Aged 24 years,

¶5

Sh. Babulal s/o Bhagwatilal Meena, Aged 05 years,

¶6

Sh. Shankerlal S/o Bhagwatilal Meena, Aged 03 years,

¶7

Sh. Prakesh S/o Bhagwatilal Meena, Aged 02 years,

¶8

Sh. Shanti S/o Bhagwatilal Meena, Aged 03 months, Appellants no. 02-05 are minors through Guardian appellant no.01,

¶9

Smt. Ganga w/o Dhulaji Meena, Aged 55 years, All resident of Pipli “B”, Tehsil Kherwada, District Udaipur.

¶10

----Appellants

¶11

Versus

¶12

Sh. Dasrath Singh s/o Raghunath Singh Rajpoot, Resident of Gram Banewdi, P.S. Shree Nagar, District Ajmer.

¶13

Managing Director, Rajasthan Co-operative Dairy Federation Limited, Jaipur. Branch Goverdhan Vilas, Udaipur.

¶14

The New India Insurance Company Limited, 3, Bapu Bazar, Udaipur.

¶15

----Respondents

¶16

For Appellant(s)	: Mr. Sandeep Sarupuria
For Respondent No.3	: Mr. Sunil A. Vyas
Insurance Co.

¶17

HON'BLE MR. JUSTICE MUNNURI LAXMAN

¶18

Order

¶19

14/12/2023

¶20

The present appeal is filed challenging the award dated 27.03.2004 passed by the learned Judge, Motor Accident Claims Tribunal, Salumbhar on the file of MAC Case No.309/2002, wherein and whereby the claim of the appellants-claimants for compensation was partly allowed granting the compensation of Rs.2,71,800/- with interest.

(2 of 4)

[2023:RJ-JD:43831]

[CMA-1070/2004]

The present appeal is filed by the claimants. The contention of learned counsel for the claimants is that the deceased is survived by wife, mother and four sisters and according to him, the appropriate deduction should be 1/4 and not 1/3 since the dependents of the deceased are more than 4.

¶25

Learned counsel appearing for the Insurance Company has submitted that sisters cannot be said to be dependents since they have not entered into a witness box. There is no evidence whether they are married or unmarried and it is also his contention that by this time, they must have been married and they cannot be treated as a dependent in permanent nature and any dependency must have been for temporary.

¶26

4. Heard both the sides.

¶27

The contention of learned counsel for the Insurance Company found to be appealing and the sisters have not entered into a witness box. Be that as it may, the Tribunal below has granted some compensation to them which this Court is not disturbing. They must have been married now and the dependency, if any, must have been a temporary dependency, therefore, the 1/3 deduction is maintained.

¶28

A perusal of the award impugned, the undisputed facts are that the deceased was of 25 years. He was a mining labour and earning monthly income of Rs.1,800/-. The appropriate compensation towards future prospects when the deceased is aged 25 years and temporarily self employed is 40% of the actual salary.

(3 of 4)

[2023:RJ-JD:43831]

[CMA-1070/2004]

The Tribunal applied multiplier of 17. The appropriate multiplier for the person in the age group of 21-25 is 18 instead of 17.

¶33

The claimants are also entitled for enhancement of compensation towards conventional heads. The Tribunal granted Rs.2000/- for funeral expenses, which shall be Rs.15,000/-. The compensation of Rs.15,000/- is granted for loss of estate, and wife and mother of the deceased is entitled for Rs.40,000/-each towards consortium.

¶34

Taking into account the above factors, the following amounts are arrived at:

¶35

1.	Annual income of the deceased (1800 x 12)	21,600
2.	Added: future prospects (40%)	8,640
3.	Total annual income of the deceased (21,600 +8640)	30,240
4.	Deducted : towards personal expenses (1/3)	10,080
5.	Annual amount of dependency (30,240-10,080)	20,160
6.	Multiplier to be applied	18
7.	Total amount of dependency (20,160 X 18)	3,62,880
8.	Added : Consortium to all claimants (40,000 X 2)	80,000
9.	Added : Loss of estate	15,000
	Added : Funeral expenses	15,000
	Total entitlement of the appellants	4,72,880

¶36

In the result, the appeal is partly allowed enhancing the compensation from Rs.2,71,800/- to Rs.4,72,880/-. The enhanced compensation shall be paid with interest @7.5% per annum from the date of filing the petition till the date of deposition. The

(4 of 4)

[2023:RJ-JD:43831]

[CMA-1070/2004]

amount shall be deposited within two months from the date of this

¶41

judgment.

¶42

(MUNNURI LAXMAN),J

¶43

6-AnilKC/NK

Smt. Mirki and Ors. v. Dasrath Singh and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Mirki and Ors. v. Dasrath Singh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The National Insurance Company Limited Vs Smt. Lajwanti and Ors.

Hukma Ram Vs Jagdish Prasad and Ors.

National Insurance Co. Ltd. Vs Smt. Ambu Kanwar and Ors.

Homa and Ors. Vs Dasrath Singh and Ors.

Smt. Shanta and Ors. Vs Dasrath Singh and Ors.

Smt. Hanifa and Ors. Vs Smt. Gamer Kanwar and Ors.