This appeal challenged the Motor Accident Claims Tribunal award in a motor accident death claim. The single judge enhanced the compensation amount by correcting the multiplier and increasing heads for funeral, loss of consortium, and loss of estate.
Compensation enhanced from Rs. 1,40,400/- to Rs. 2,90,800 with interest at 7.5% per annum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:38894]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 486/2004
Appellant No.4, 5 & 8 are minor through natural guardian Appellant No.1 while appellant No.6 & 7 are minor through natural guardian, appellant No.02 and all by caste RajpootKachwaha and resident of Lambodi, Tehsil Kumbhalgarh, District Rajsamand.
----Appellant/Claimants
Versus
----Respondent
| For Appellant(s) | : Mr.Nikhil Ajmera,Adv. |
|---|---|
| For Respondent | : Mr.Mukul Singhvi, Adv. |
| No.3- Insurance Co. |
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Judgment
08/11/2023
[2023:RJ-JD:38894]
[CMA-486/2004]
(2 of 4)
wherein and whereby the claim of the appellants seeking compensation against the respondents was partly allowed holding the respondents liable to pay compensation of Rs.1,40,400/- with interest.
(3 of 4) [CMA-486/2004]
[2023:RJ-JD:38894]
Company Limited v. Nanu Ram alias Churu Ram, reported in 2018 LAW Suit (SC) 904, the claimants are entitled to Rs.15,000/towards funeral expenses. Therefore, the compensation towards funeral expenses is enhanced from Rs. 4,000/- to Rs. 15,000/-. The Tribunal has granted Rs. 20,000/- towards loss of love and affection in all. No amount has been granted by the Tribunal towards loss of consortium and loss of estate. The appellants No. 2, 3 & 6, 7 were held entitled to get the compensation by the Tribunal. They are entitled for the compensation of Rs.15,000/towards loss of estate and the consortium for each of the claimant shall be Rs. 40,000/- (total compensation towards loss of consortium Rs.40,000 X 4 = Rs. 1,60,000/-). The amount granted under the head of love and affection shall be adjusted towards the above compensation. Thus, the re-computed amount of compensation works out as under:-
Rs.1800 X 12 X 7 = Rs.1,51,200 – Rs.50,400= Rs.1,00,800/-
Loss of dependency : Rs.1,00,800/Added: Loss of Consortium : Rs.1,60,000/Added: Funeral Expenses : Rs. 15,000/Added. Loss of Estate : Rs. 15,000/------------------Rs.2,90,800/-
(4 of 4) [CMA-486/2004]
[2023:RJ-JD:38894]
months from the date of receipt of copy of this judgment, on such deposit, the claimants are entitled to withdraw the entire amount.
(MUNNURI LAXMAN),J
13-mSingh/NK
2 issues framed by the court
Whether the multiplier adopted by the Tribunal for calculating dependency loss was correct.
Whether the compensation for funeral expenses, loss of love and affection, consortium, and loss of estate needs to be enhanced.
Colour shows how this judgement treated each authority
Magma General Insurance Company Limited v. Nanu Ram alias Churu RamExplained¶30
Magma General Insurance Company Limited v. Nanu Ram alias Churu Ram, 2018 LAW Suit (SC) 904
Madan Singh and others
Babu Giri
Aditya Minerals
United India Insurance Company Limited
Munnuri Laxman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
