Partly allowed

Manni Devi and Others v. Kana Ram and Others

Rajasthan HC10 May 2023CMA/611/2012

Case brief

AI extract

What is this about?

In a civil appeal, the High Court allowed the appellants' claim for enhanced compensation under the Motor Vehicles Act. The court modified the Tribunal's award by correcting the calculation of deceased's income, deduction of personal expenses, and adding future prospects and adequate sums for love and affection and funeral expenses.

What did the court decide?

The judgment and award of the Tribunal modified to enhance compensation to Rs. 10,78,900/-; Insurance Company directed to deposit enhanced amount of Rs. 4,49,900/- with interest.

Manni Devi and Others Vs Kana Ram and Others — Civil Procedure and Limitation | Rajasthan HC (2023)

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[2023/RJJP/009910]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 611/2012

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Manni Devi W/o Durga Prasad, R/o Village Kasli, Tehsil And District Sikar

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Vikas S/o Durga Prasad, Minor Through Their Mother And Natural Guardian Manni Devi W/o, R/o Village Kasli, Tehsil And District Sikar

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Manisha D/o Durga Prasad, Minor Through Their Mother And Natural Guardian Manni Devi W, R/o Village Kasli, Tehsil And District Sikar

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Para Devi W/o Narayana Ram, R/o Village Kasli, Tehsil And District Sikar

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Narayana Ram S/o Narsa Ram, R/o Village Kasli, Tehsil And District Sikar

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----Appellants

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Versus

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Kana Ram S/o Laxman Ram, R/o Village Pura Choti, Thesil And District Sikar Driver

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Sawar Mal Bagadwa S/o Hema Ram, R/o Village Ghirniyabada, Tehsil Laxmangarh District Sikar Owner

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United India Insurance Comapny Limited, Division Office At Devipura, Sikar Having Its Regional Office At Vishal Chambers, Tonk Road, Jaipur Through Its Regional Manager

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----Respondents

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For Appellant(s)	: Mr. VinayMathur,Adv.
For Respondent(s)	: Mrs. Shruti Dixit,Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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JUDGMENT

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DATE OF JUDGMENT :: 10/05/2023

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The present appeal has arisen out of the judgment and award dated 04.11.2011 passed by learned Additional District Judge (Fast Track) Sikar and Judge, MACT, Sikar (for short “the Tribunal”) in Case No.222/2008, whereby the Tribunal has awarded Rs.6,29,000/- along with interest @6% per annum from the date of filing of the claim petition in favour of the claimants.

[2023/RJJP/009910]

[CMA-611/2012]

(2 of 4)

The Tribunal on the basis of the pleading of the parties, framed the issues and evaluated the evidence on record and hearing counsel for the parties, decided the claim petition of the claimants and awarded the amount as indicated above.

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Learned counsel for the claimants submitted that learned Tribunal wrongly calculated the income of the deceased as Rs.4500/- per month. He further submits that appellant had filed the documents regarding income of the deceased as Rs.6,000/per month. So, income of the deceased be calculated as Rs.6,000/- per month. He further submits that the Tribunal has wrongly deducted 1/3rd amount towards the personal expenses of the deceased, whereas it should be 1/4th. He further submits that learned Tribunal has not awarded any amount towards the future prospects. The deceased was about 31 years of age, so, the claimants are entitled to get 40% of the income towards future prospects. He further submits that the Tribunal has awarded very meager amount towards love and affection and funeral expenses, whereas it should be Rs.30,000/- per head towards love and affection and Rs.15,000/- towards funeral expenses. So, award of learned Tribunal may be modified.

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Learned counsel for the respondents has opposed the arguments advanced by learned counsel for the appellants and submitted that the Tribunal has rightly awarded the claim in favour of the claimants-appellants. So, the appeal be dismissed.

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I have considered the arguments advanced by learned counsel for the appellants as well as learned counsel for the respondents and perused the impugned judgment and award.

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(3 of 4) [CMA-611/2012]

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[2023/RJJP/009910]

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It is an admitted position that claimant had not submitted any cogent evidence regarding income of the deceased as Rs.6,000/-. So, learned Tribunal has rightly calculated the income of the deceased as per minimum wages prevailing at the relevant point of time i.e. Rs.4,500/- per month but the Tribunal has wrongly deducted 1/3rd amount towards personal expenses from the income of the deceased, whereas it should be 1/4th. The Tribunal has also not awarded the amount towards the future prospects. Thus, looking to the age of the deceased, claimants are entitled to get 40% amount towards future prospects. The Tribunal has awarded very meager amount towards love and affection and funeral expenses, whereas it should be Rs..1,00,000/- in lump sum towards love and affection and Rs.15,000/- towards funeral expenses. So, judgment and award of the Tribunal is modified to the extent as under:

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Monthlyincome	Rs.4500
Annual Income	Rs.4500 x 12 = 54,000/-
Since the deceased was 31 years, multiplier of 17 should be applied	Rs. 9,18,000/-
Less ¼ income to be deducted for personal expenses of the deceased	Rs.9,18,000-2,29,500 =6,88,500/-
Future Prospects(+)	6,88,500+2,75,400= Rs.9,63,900/-
Love and Affection (lump sum)	9,63,900+1,00,000/-=10,63,900
Funeral Expenses(+)	Rs.15,000
Total	Rs.10,78,900/-
Less amount awarded by the Tribunal	Rs. 6,29,000/-
Enhanced amount of compensation	10,78,900/- – 6,29,000/- = Rs. 4,49,900/-

(4 of 4)

[2023/RJJP/009910]

[CMA-611/2012]

In view of the above, the amount of compensation receivable by the claimants comes to Rs.10,78,900/- instead of Rs.6,29,000/-. Insurance Company is directed to deposit the enhanced amount of Rs. 4,49,900/(Rs.10,78,900/-Rs.6,29,000/-) with the Tribunal within a period of two months from the date of receipt of certified copy of this order. On deposition of the said amount, the claimants shall be entitled to withdrawn the same. The enhanced amount shall carry 6% interest from the date of filing of claim petition till the actual payment is made.

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Other terms and conditions of the impugned judgment shall remain unchanged.

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Consequently, the appeal filed by the claimants is partly allowed. Impugned judgment is modified accordingly. Pending application(s), if any, also stand(s) disposed of.

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(NARENDRA SINGH DHADDHA),J

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Seema/66

Manni Devi and Others v. Kana Ram and Others

Case brief

What is this about?

What did the court decide?

Manni Devi and Others v. Kana Ram and Others

Case brief

What is this about?

What did the court decide?

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