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Rajasthan High Court · body

2025 DIGILAW 335 (RAJ)

Pappu Lal v. Shambhu Regar

2025-02-13

NUPUR BHATI

body2025
ORDER : (NUPUR BHATI, J.) 1. The present civil misc. appeal has been preferred by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 (‘MV Act’) assailing the judgment and award dated 08.05.2014 passed by learned Judge, Motor Accident Claims Tribunal, Shahpura, District Bhilwara, (‘learned Tribunal’) in Claim Case No.552/2010 whereby the learned Tribunal partly allowed the claim petition filed by the claimants and awarded compensation of Rs.3,25,000/-, in favour of claimants along with interest @ 7 % p.a. while fastening the liability upon the respondents jointly and severally. 2. Brief facts of the case are that on 06.09.2010 at about 4:00 pm, Maina (deceased) was coming home, suddenly a motor cycle bearing Registration No.RJ-06-SA-1208, driven in a rash and negligent manner by the respondent No.2, hit Maina and as a result whereof, she died during her treatment. Her parents, being the claimants, filed a claim petition before the learned Tribunal. Notices were issued and respondents Nos.1,2 and 3, filed reply to the claim petition while denying the averments made in the claim petition. On the basis of the pleadings, the learned Tribunal framed four issues. Oral as well as documentary evidences were produced by the claimants in support of their claim petition and on the other hand one evidence was produced by the respondents and after hearing both the parties, the learned Tribunal partly allowed the claim petition of the claimants and held the respondents liable to pay the quantum of compensation in favour of the claimants and thus, being dissatisfied of the quantum, the appellants have preferred the instant misc. appeal. 3. Learned counsel for the appellant submits that the learned tribunal has erred in awarding meager amount of compensation to the deceased on account of her death is of 13 years of age. He submits that taking into consideration the judgment of Hon’ble Apex Court in the case of Oriental Insurance Co. Ltd VS. Zaharulnisha & Ors. ( Civil Appeal No.3055/2008 ) direction of pay and recover may be ordered. 4. Learned counsel for the respondent-Insurance Company vehemently objects and submits that the learned tribunal has rightly passed the award. 5. I have heard and considered the submissions advanced at Bar and have gone through the material available on record. 6. This Court finds that the learned Tribunal has awarded the amount of Rs.3,25,000/- as quantum of compensation to the appellants/claimants. Learned counsel for the respondent-Insurance Company vehemently objects and submits that the learned tribunal has rightly passed the award. 5. I have heard and considered the submissions advanced at Bar and have gone through the material available on record. 6. This Court finds that the learned Tribunal has awarded the amount of Rs.3,25,000/- as quantum of compensation to the appellants/claimants. However, this court finds that the Hon’ble Supreme Court in the case of Kishan Gopal and Ors. Vs. Lala and Ors. : [ (2014) 1 SCC 244 ] , where the age of the deceased child was 10 years has taken the notional income of the deceased child as Rs. 30,000/- p.a. looking to the facts and circumstances. Further, the Hon’ble Supreme Court in the case of Kurvan Ansari and Ors. Vs. Shyam Kishore Murmu and Ors. : [ (2022) 1 SCC 317 ] , where the age of the deceased child was 7 years, has taken notional income of the deceased child as Rs. 25,000/- p.a. and after applying Multiplier of 15 granted total of Rs. 3,75,000/- under the head of ‘loss of dependency’ and also an amount of Rs. 40,000/- to each of the parents under the head of filial consortium and Rs.15,000/- under the head of funeral expenses. Furthermore, the Hon’ble Supreme Court in the case of Meena Devi Vs. Nunu Chand Mahto and Ors. : [(2023) 1 SCC 204] , where the age of the deceased child was 12 years, has taken the notional income as Rs. 30,000/- p.a. including future prospect and applied Multiplier of 15 to arrive at the compensation awardable under the head of ‘loss of dependency’ and awarded Rs. 50,000/- under the conventional heads. 7. Thus, looking to the age of the deceased child (i.e., 13 years) and peculiar facts and circumstances of the present case and in the light of the above cited judgments, this court deems it appropriate to take the notional income of the deceased child as Rs.30,000/- p.a. Also, the applicable multiplier would be of 15 in the light of the judgment of the Hon’ble Supreme Court in the case of Divya vs. The National Insurance Co. Ltd. and Ors. :[2022 INSC 1108] . Further, looking into the facts of the instant case where there are two claimants including mother and father of the deceased, this court deems it just to award Rs.1,15,000/- towards conventional heads. Ltd. and Ors. :[2022 INSC 1108] . Further, looking into the facts of the instant case where there are two claimants including mother and father of the deceased, this court deems it just to award Rs.1,15,000/- towards conventional heads. Taking into consideration the fact that the judgment of the Hon’ble Apex Court in the case of Zaharulnisha & Ors (supra) , this Court also observes that though the driver was not having valid license to drive the two wheeler motor cycle but he was having the license to drive Light Motor Vehicles hence he was driving a vehicle of totally different class at the time of accident thus, the learned Tribunal held that Insurance Company is not liable to pay the compensation, however in the interest of justice, this Court deems it appropriate to direct the Insurance Company to satisfy the award which can be recovered from the owner/driver of the offending vehicle. 8. Thus, in view of discussion in the above paragraphs the compensation awardable to the appellants/claimants is as under: Particulars Awarded by Tribunal Awarded/modified by the Court Loss of dependancy (i.e. Rs.30,000/- x 15) [A] Rs.3,25,000/- (Lump-sum) [C] Rs.4,50,000/- Conventional Heads [B] Rs.1,15,000/- Total [A] + [B] Rs.5,65,000/- [D] Enhanced Amount [D]-[C] Rs.2,40,000/- 9. Thus, the instant appeal preferred by the appellants/claimants is partly allowed. The impugned award passed by the learned tribunal is modified accordingly. 10. Therefore, the appellants/claimants are held entitled to get enhanced compensation of Rs.2,40,000/- along with interest @ 7% (same as awarded by the learned tribunal) from the filing of the claim petition as per direction of the learned tribunal as modified by this Court. The amount of compensation, if any disbursed to the appellants/ claimants, shall be adjusted accordingly. The non-claimant- Insurance Company is directed to satisfy the award which it would recover the same from the owner/driver of the offending vehicle. No order as to costs.