Dismissed

Smt Krishna Devi and Ors. v. Munesh Kumar and Ors.

Rajasthan HC3 Jul 2025CMA/4426/2017

Case brief

AI extract

What is this about?

Claimants appealed under Section 173 MV Act seeking enhancement of Tribunal compensation for a road death; court found award adequate and dismissed appeal.

What the court decided

AI extract

Smt Krishna Devi and Ors. Vs Munesh Kumar and Ors. — Motor Accident Claims | Rajasthan HC (2025)

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[2025:RJ-JP:24573]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 4426/2017

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Smt. Krishna Devi W/o Bhoop Singh, aged 32 years

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Umesh S/o Bhoop Singh, aged 14 years

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Devendra S/o Bhoop Singh, aged 12 years (No.2 and 3 are minor, through their natural guardian mother Smt. Krishna Devi w/o Bhoop Singh)

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Birju Singh S/o Moolaram, aged 60 years

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Smt. Kamla W/o Moolaram, aged 58 years, All R/o Dhani Swamiyo Ki, Tan Mahanpur, Tehsil Bansur, District Alwar (Raj.)

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----Claimants/Appellants

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Versus

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Munesh Kumar S/o Sohanlal Sharma, R/o 84/239, Agarwal Farm, Mansarovar, Police Station Shipra Path, Jaipur City (Raj.) (Driver Of Vehicle Travera No. Rj-14-Ta6962)

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Rajesh Kumar S/o Gopal Sharma, R/o 84/239, Madhyam Marg, Agarwal Farm, Mansarovar, Police Station Shipra Path, Jaipur City (Raj.) (Owner Of Vehicle Travera No. Rj14-Ta-6962)

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The Oriental Insruance Company Ltd., Through Its Manager, Office At Extension Counter, 3/136, Madhyam Marg, Kiran Path, Mansarovar, Jaipur City (Raj.) (Insurance Company Of Vehicle Travera No. Rj-14-Ta6962)

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----Non-claimants/Respondents

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For Appellant(s) : Mr. Gaurav Gupta For Respondent(s) : Ms. Ritu Bansal on behalf of Mr. Rajeev Bhushan Bansal

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HON'BLE MR. JUSTICE MANEESH SHARMA

Order

03/07/2025

[2025:RJ-JP:24573]

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The present appeal has been filed by the claimants/ appellants under Section 173 of the Motor Vehicle Act, 1988 (hereinafter to be referred as "the Act of 1988") challenging the award dated 17.07.2017 passed by Judge, Motor Accident Claims Tribunal, Shahpura, District Jaipur (hereinafter referred to as the 'learned Tribunal') in Claim Petition No.42/2012 (NCV No.285/2014) titled as " Smt. Krishna Devi & Ors. Vs. Munesh Kumar & Ors." , whereby the learned Tribunal partly allowed the claim petition and awarded a compensation of Rs.46,48,208/- with interest at 9% per annum.

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Brief facts giving rise to the present appeal are that on 05.12.2011, the deceased-Bhoop Singh was riding on his motorcycle on the side of road when suddenly the driver of Tavera, bearing Registration No. RJ-14-TA-6962, driving in a rash and negligent manner, hit the deceased and as a result, caused the death of the deceased. At the time of the accident, the deceased-Bhoop Singh was 28 years old and was earning Rs.20,698/- of monthly wages by way of being Sepoy in Indian Army.

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The claimant/appellants in that claim petition relied on the statements of Krishna Devi (AW-1), Ghisa Lal (AW-2), Krishna Kumar (AW-3), Kalu Ram (AW-4), Mahendra Singh (AW-5), Satveer Singh (AW-6) and Mahendra Kumar (AW-7) along with documentary evidences from Ex.1 to Ex.27.

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In rebuttal, no oral or documentary evidence was presented by the respondents.

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On the pleadings of the parties, the learned Tribunal has framed four issues and after hearing the arguments of learned

[2025:RJ-JP:24573]

[CMA-4426/2017]

(3 of 4)

counsel for the parties, and the evidences so submitted, partially allowed the claim petition vide impugned award dated 17.07.2017 and awarded a compensation of Rs.46,48,208/- in favour of the claimants/appellants under the impugned award.

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It is contended by the learned counsel for the claimants/ appellants that the impugned award is inadequate and requires modification and enhancement.

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Per contra, learned counsel for the respondent No.3Insurance Company supported the impugned award and submitted that the impugned award is based on a correct appreciation of facts and law, and therefore, no interference is required by this Court.

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Having considered the submissions made by learned counsel for the parties and perused the material available on record.

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From a perusal of the record, it is reflected that the learned Motor Accident Claims Tribunal after due examination of facts, age of the deceased, income of the deceased, future prospects; and all other relevant evidence while applying the principles enunciated in the judgments passed by the Hon'ble Supreme Court in the matters of Sarla Verma & Ors. Vs. Delhi Transport Corporation

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& Anr. reported in (2009) 6 SCC 121 and awarded a just amount of Rs.46,48,208/- along with interest at the rate of 9% per annum, therefore, this Court finds that the compensation amount awarded under the impugned award does not suffer from any illegality or infirmity and there is no further scope for enhancement of the impugned award.

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The arguments advanced by the learned counsel for the claimants/appellants lack merit.

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(4 of 4)

Accordingly, the present appeal is dismissed.

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Pending application(s), if any, stands disposed of.

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(MANEESH SHARMA),J

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Seema/97

Smt Krishna Devi and Ors. v. Munesh Kumar and Ors.

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Smt Krishna Devi and Ors. v. Munesh Kumar and Ors.

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