Ravindra Singh v. Rajasthan State Transport Corporation
2022-02-03
BELA M.TRIVEDI, SANJIV KHANNA
body2022
DigiLaw.ai
ORDER 1. Leave granted. 2. At the outset we record that the counsel for the parties agree that compensation of Rs. 6,01,000/- (Rupees Six Lakhs and One Thousand Only) as awarded by the Motor Accident Claim Tribunal has been paid to the appellants, who were the parents of the deceased - Deependra. 3. Death of Deependra on 04.02.1999 on account of motor accident attributable to the bus belonging to the Rajasthan State Transport Corporation-the respondent before us is also not disputed. 4. Learned counsel for the appellants has drawn our attention to the judgment of this Court in R.K. Malik & Another Versus Kiran Pal & Others [ (2009) 14 SCC 1 ], which is a case relating to death of school children wherein compensation of more than three lakhs was awarded in respect of an accident in 1997. 5. In another judgment Santosh Devi Versus National Insurance Company Limited & Others [ (2012) 6 SCC 421 ], this Court had enhanced the compensation to Rs. 3,19,840/- (Rupees Three Lakhs Nineteen Thousand Eight Hundred and Forty Only) in respect of an accident in 1995. 6. Our attention is also drawn to the recent decision of this Court in Kurvan Ansari @ Kurvan Ali & Another Versus Shyam Kishore Murmu & Another [ (2022) 1 SCC 317 ] in which the deceased aged 7 years had died on 06.09.2004. Compensation awarded in the case was enhanced by this Court to Rs. 4,70,000/- (Rupees Four Lakhs Seventy Thousand Only). 7. In the present case the deceased was studying in Class XII and was aged about 19 years. In view of the aforesaid decisions, we are of the opinion that the High Court was not justified in awarding compensation of Rs. 1,87,972/- (Rupees One Lakh Eighty Seven Thousand Nine Hundred and Seventy Two only) 8. As noticed above, the appellants have already been paid Rs. 6,01,000/- (Rupees Six Lakhs and One Thousand Only) in terms of the order passed by the Motor Accident Claim Tribunal. Normally we would have reduced the amount in view of the aforesaid judgments, but as the amount has already been paid, we are not inclined to modify the amount as awarded by the Motor Accident Claim Tribunal. 9. It would be very difficult for the appellants to refund the said amount. The father Ravindra Singh is about 80 years of age. 10.
9. It would be very difficult for the appellants to refund the said amount. The father Ravindra Singh is about 80 years of age. 10. Recording the aforesaid, we set aside the impugned order dated 17.09.2019 passed by the High Court of Judicature at Rajasthan, Jaipur Bench in CB(Civil) Misc. Appeal No. 1075 of 2018, Rajasthan State Transport Corporation Versus Ravindra Singh & Others. We restore the order passed by the Motor Accident Claim Tribunal dated 16.11.2017. This order has been passed in peculiar facts of the case, and should not be treated as a dictum. There would be no order as to costs. 11. The appeal is disposed of. 12 .All pending applications stand disposed of.