Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 2545 (RAJ)

Homli Widow Of Late Peeru Meena v. Rajinder Singh

2019-09-20

PUSHPENDRA SINGH BHATI

body2019
JUDGMENT Pushpendra Singh Bhati, J. - The appellants have preferred this appeal seeking enhancement of the compensation awarded vide judgment dated 10.07.2001 passed by Motor Accident Claims Tribunal, Udaipur. 2. At the outset, learned counsel for the parties submit that there is no dispute regarding factual matrix of the case. 3. This Court directed both the parties to produce the recalculation of the award in the present facts by adhering to the principles laid down by the Hon'ble Apex Court in National Insurance Company Limited Vs. Pranay Sethi, (2017) AIR SC 5157 and Sarla Verma Vs. Delhi Transport Corporation,2009 2 ACTC(Raj) 849 , which they have furnished before this Court, which reads as follows:- Age of the Deceased 23 Multiplier 18 Future Prospects 40% Deduction on count of Personal Expenses (3 dependants) 1/3 Monthly Income of the Deceased Rs.1500/- Monthly Income after adding Future Prospects Rs.2100/- Monthly Income after deducting Personal Expenses Rs.1400/- Yearly Income of the deceased Rs.16800/- Total Income after applying Multiplier Rs.302400/- Other Conventional Heads Rs.20,000/- Total Compensation Rs.322400/- Compensation awarded by Tribunal Rs. 152500/- Enhanced Compensation. Rs.169900/- 4. With the consent of learned counsel for the parties and in light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi and Sarla Verma Vs. Delhi Transport Corporation (supra), the enhanced award of Rs.1,69,900/- is granted which shall be payable along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within two months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after two months from today) till actual payment is made. It is needless to say that both the insurance company involved shall be jointly liable as already stipulated by the learned Tribunal. 5. The appeal is accordingly disposed of. All pending applications also stand disposed of.