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2023 DIGILAW 869 (RAJ)

Gopal v. Mahipal Meena

2023-04-19

NARENDRA SINGH DHADDHA

body2023
ORDER 1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants-claimants aggrieved with the judgment and award dated 04.02.2016 passed by the Motor Accident Claims Tribunal No.2, Kota (for short 'the Tribunal') in MAC No.428/2013, whereby the Tribunal has awarded a sum of Rs.6,04,401/- along with interest @ 7.5% per annum from the date of filing the claim petition in favour of the claimants-appellants and respondent Nos.4 & 5. 2. The Tribunal on the basis of the pleading of the parties, framed the issues and evaluated the evidence on record. After hearing counsel for the parties, decided the claim petition of the claimants-appellants and awarded the amount as indicated above. 3. Feeling aggrieved and dissatisfied with the impugned award, appellants-claimants have filed the instant appeal inter-alia on the various grounds. 4. Learned counsel for the appellants-claimants submits that the Tribunal has committed grave error in awarding compensation to alleged widow and minor daughter of the deceased-Pappu. Learned counsel for the appellants-claimants further submits that during the course of evidence, the appellants-claimants had submitted a certificate which showed that the respondent No.4 had solemnized marriage (Nata). So, respondent No.4 is not entitled to get any compensation. Learned counsel for the appellants-claimants also submits that the Tribunal has not awarded any amount towards the future prospects. So, award of the Tribunal be modified accordingly. 5. Learned counsel for the insurance company has opposed the arguments advanced by learned counsel for the appellants- laimants and submitted that the appellants-claimants failed to submit any conclusive evidence regarding marriage (Nata) of the respondent No.4. The Tribunal rightly awarded the compensation to the appellants-claimants. So, the appeal is devoid of merit and is liable to be dismissed. 6. I have considered the arguments advanced by learned counsel for the appellants-claimants as well as learned counsel for the respondent-Insurance Company. 7. The Tribunal in its award clearly mentioned that the appellants-claimants failed to prove that respondent No.4 had solemnized marriage (Nata). As per record, respondent No.4 is wife of the deceased and respondent No.5 is daughter of the deceased. So, in my considered opinion, the Tribunal has rightly awarded compensation on account of accidental death of deceased-Pappu. 8. It is an admitted position that the Tribunal has not awarded any amount towards future prospects. As per record, respondent No.4 is wife of the deceased and respondent No.5 is daughter of the deceased. So, in my considered opinion, the Tribunal has rightly awarded compensation on account of accidental death of deceased-Pappu. 8. It is an admitted position that the Tribunal has not awarded any amount towards future prospects. As per the judgment of the Hon'ble Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors., report in AIR (2017) 16 SCC 680 , future prospects should be awarded. It is also admitted position that the deceased was a labour and he was below of 40 years. So, appellants-claimants are entitled to get 40% towards future prospects. So, award of the Tribunal is to be modified accordingly. Annual income Rs. 4,59,000/- 40% towards future prospects(+) Rs. 1,83,600/- Loss of Consortium to respondent No.4 (wife of deceased) Rs. 40,000/- Love and Affection Rs.20,000/- to Rs. 60,000/- each appellant Nos.1 and 2 and respondent No.5 Transportation and Funeral Expenses(+) Rs. 20,000/- Medical Bills (+) Rs. 18,401/- Admission Charges in the Hospital (+) Rs. 7,000/- Total Rs. 4,59,000+Rs. 1,83,600+Rs. 40,000+ Rs. 60,000+Rs. 20,000+Rs. 18,401+ Rs. 7,000= Rs.7,88,001/- Amount of Compensation Rs. 7,88,001-Rs.6,04,401 =Rs. 1,83,600/- 9. Thus, Insurance Company is directed to deposit enhanced amount of Rs. 1,83,600/- with the Tribunal within a period of two months from the date of receipt of certified copy of this order. On deposition of the said amount, the claimants appellants shall be entitled to withdrawn the amount of Rs.83,600/- and respondent Nos.4 and 5 shall be entitled to withdraw the amount of Rs.1,00,000/-(50,000/- each). The enhanced amount shall carry 7.5% interest from the date of filing of claim petition till the actual payment is made. 10. Rest part of the impugned judgment shall remain unchanged. 11. Consequently, the appeal is disposed of. Impugned judgment is modified accordingly. 12. Pending application(s), if any, also stand(s) disposed of.