Research › Search › Judgment

Rajasthan High Court · body

2014 DIGILAW 903 (RAJ)

Reliance General Insurance Co. Ltd. v. Laxmi Bai

2014-04-10

SANDEEP MEHTA

body2014
JUDGMENT 1. - Heard learned counsel for the parties. The instant appeal has been preferred by the appellant Reliance General Insurance Company Ltd. seeking reduction in the compensation awarded to the claimants vide judgment and award dated 10.1.2014 passed by the learned Motor Accident Claims Tribunal, Udaipur in Motor Accident Claim Case No. 500/2011 on the ground that the same is -excessive and contrary to the norms prescribed for assessing the claim. 2. The facts in brief are that the respondents No. 1 to 5/claimants being the legal heirs of deceased Shiva @ Shivram, the respondent No. 1 being the wife, the respondents No. 2 to 4 being the minor children and the respondent No. 5 being the mother of the deceased respectively, filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation on account of death of Shiva. It was stated in the claim petition that Shiva @ Shivram, Ashok, Leela, Ramesh, Lalu Ram, Devilal, Hakra and Fatehlal @ Fatta were proceeding in a jeep No. RJ-27/TA-0584 from Kaya Fala Chowki. At that' time, a Trailer No. RJ-27/GA-5327 being driven in rash and negligent fashion by its Narulal came from behind and collided with the jeep causing the death of Shivram and Ashok Kumar at the spot and causing injuries to the other occupants of the jeep. Various affected persons filed 8 claim applications in the Court of learned Tribunal. In the claim application No. 500/2011 out of which the instant appeal arises, the claimants claimed compensation on various grounds. The Tribunal discarded the evidence of the claimants, regarding the projected income of the deceased and as against the averments in the claim that the deceased was earning a sum of Rs. 7,500/- per month by working as skilled labourer, the standards of minimum wages were applied and the deceased was held to be earning a sum of Rs. 4,050/- per month. 50% enhancement in the income was added by way of future prospects looking to the fact that the deceased was aged between 25-30 years on the date of accident. The deduction of 1/4th was made from the gross income towards personal needs and expenditure of the deceased looking to the number of claimants being five. The multiplier of 17 was applied. The claimant-wife was awarded Rs. 1,00,000/- towards loss of consortium. Rs. The deduction of 1/4th was made from the gross income towards personal needs and expenditure of the deceased looking to the number of claimants being five. The multiplier of 17 was applied. The claimant-wife was awarded Rs. 1,00,000/- towards loss of consortium. Rs. 5,000/-each were awarded to the three children of the deceased towards loss of love and affection and the claimant No. 5 mother was awarded Rs. ,000/- under the head of loss of service. Rs. 25,000/- was awarded for funeral expenses, Rs. 3,000/- was awarded for transportation of body and Rs. 1500/- was awarded as loss of estate. Accordingly, the total compensation of Rs. 84,000/- was awarded to the claimants. 3. The appellant insurance company has challenged the quantum of compensation principally on the ground that the claimant-wife contracted another marriage during the pendency of the claim and, therefore, she was not entitled to any award under the head of loss of consortium. 4. Learned counsel for the appellant brought to the notice of this Court the finding recorded by the learned Tribunal at para 18 of the judgment and submitted that the Tribunal itself has recorded a finding based on the admission of the claimant-wife that she had contracted nata with another person. He thus urged that the compensation of Rs. 1,00,000/- awarded to her under the head of loss of consortium should be deducted from the award. 5. Per contra learned counsel for the respondents/claimants submitted that merely because the claimant-wife contracted nata marriage during the pendency of the claim, the amount of consortium could not be totally denied to her. He submitted that the period for which the wife had to suffer loss of consortium on account of the death of her husband has to be accounted for whilst assessing the award. 6. I have heard and considered the arguments advanced at the Bar and perused the impugned judgment. 7. The fact regarding Smt. Laxmi, wife of the deceased, have contracted nata marriage was admitted by her in the cross-examination. However, the date on which the nata was contracted was not clarified. Thus, this Court feels that for the period during which the lady had to suffer widowhood lack of consortium on account of death of her husband, she deserves to receive appropriate compensation under the head of loss of consortium. However, the grant of Rs. However, the date on which the nata was contracted was not clarified. Thus, this Court feels that for the period during which the lady had to suffer widowhood lack of consortium on account of death of her husband, she deserves to receive appropriate compensation under the head of loss of consortium. However, the grant of Rs. 1,00,000/- under the head of loss of consortium awarded in the light of the judgment rendered by the Hon'ble Apex Court in the case of Rajesh & Ors. v. Rajbir Singh & Ors., 2013 ACJ 1403 is not justified. This amount was proposed by the Hon'ble Supreme Court in the circumstance when the lady is faced with widowhood for the remainder of her life. Looking to the fact that the wife contracted nata marriage during the pendency of the claim, the amount of Rs. 1,00,000/- awarded to her under the head of loss of consortium deserves to be reduced by a sum of Rs. 75,000/-. 8. Accordingly, the appeal is allowed in part and the award is reduced by a sum of Rs. 75,000/- by deducting the same from Rs. 1,00,000/- awarded to the claimant-wife under the head of loss of consortium. The remaining award does not call for any interference. 9. Stay petition is also disposed of. There shall be no order as to costs.Appeal Partly Allowed. *******