Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 2626 (RAJ)

Manager, Rajasthan State Road Transport Corporation v. Kamla Devi

2019-10-01

ABHAY CHATURVEDI

body2019
JUDGMENT Abhay Chaturvedi, J. - By the instant appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act'), appellant - Rajasthan State Road Transport Corporation (for short, 'Corporation') has assailed impugned judgment and award dated 21.11.2017 passed by Motor Accident Claims Tribunal, Churu. Learned Tribunal, by the impugned judgment and award, while adjudicating claim of the respondent-claimants, under Section 166 of the Act, has awarded compensation to the tune of Rs.8,93,000/- with interest @ 6% per annum from the date of filing of the claim petition. 2. The facts, in brief, are that on 24.07.2013, vehicle of the Corporation driven by its driver rashly and negligently hit Sanwarmal while he was standing in the roadside of his village Gomatia. Due to the accident, Sanwarmal suffered grave and serious injuries and succumbed to the injuries during treatment. It is, in such circumstances, respondent-claimants being wife, sons and daughters of deceased Sanwarmal, filed a claim petition quantifying total amount of compensation to the tune of Rs.99,90,000/-. In the claim petition, it was, inter-alia, averred that at the time of death, Sanwarmal was only 28 years old and was having income of Rs.15,000/- per month from masonry work. The claim petition is contested by appellant-Corporation by submitting its reply. 3. Learned Tribunal, on the basis of pleadings of rival parties, settled four issues for determination. In support of claim, Smt. Kamla Devi, widow of deceased Sanwarmal, appeared in the witness-box and testified on oath. Besides that, fifteen documents were produced, which were exhibited. Learned Tribunal, upon appreciation of evidence, decided Issue No.1 pertaining to rash and negligent driving of offending vehicle against the Corporation. Likewise, Issue No.2 is also decided in favour of respondent-claimants. While switching on to Issue Nos. 3 & 4, learned Tribunal, considering the age of deceased, has applied multiplier of 17 and after making 1/5th deduction towards personal expenses, quantified total amount of compensation to the tune of Rs.8,12,736/- for compensation and loss of estate. Besides awarding compensation, learned Tribunal has also awarded Rs.5,000/- for loss of estate, Rs.5,000/- for funeral expenses, Rs.10,000/- each to the wife and children of the deceased for loss of consortium and loss of love. In totality, a sum of Rs.8,93,000/- was awarded. 4. I have heard learned counsel for the appellant, perused the impugned judgment and award threadbare. 5. Besides awarding compensation, learned Tribunal has also awarded Rs.5,000/- for loss of estate, Rs.5,000/- for funeral expenses, Rs.10,000/- each to the wife and children of the deceased for loss of consortium and loss of love. In totality, a sum of Rs.8,93,000/- was awarded. 4. I have heard learned counsel for the appellant, perused the impugned judgment and award threadbare. 5. Upon perusal of impugned award, more particularly, the finding on Issue No.1 as well as Issue Nos. 3 & 4, in my opinion, learned Tribunal has not committed any error in appreciation of evidence. While deciding Issue No.1, learned Tribunal has considered requisite evidence in entirety for recording its satisfaction that the accident occurred due to rash and negligent driving of Corporation vehicle. As regards Issue Nos. 3 & 4, suffice it to observe that assessment of compensation is quite moderate, which cannot be categorized as excessive or exorbitant. In substance, the amount of compensation determined by learned Tribunal is just and fair within the prescribed criteria under Section 168 of the Act. 6. Consequently, there is no merit in the instant appeal, and therefore, the same is hereby dismissed.