HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 373012018 United India Insurance Company Limited, Regional Office, Sahara Chambers, Tonk Road, Jaipur Through Its Constituted Atf orney.

Versus I. Jagdish S/o Kalu Meena, Aged About 53 Years, B/c Meena +.:!'- T &,*>%

$?

.&%.,*

R/o Village ~~P~Cl~-~.ag~>~$$B dQ~lh _outh Ka: Barwara, Dist- Sawai .&P. k.8 8 .?fF ~adho~~~ika~3sthan)

-g $spN*:

F*;, ;.'2

2. Man)na\lDBvi W/o Jagdish Meena, Aged about 51 Years, -&A B/'"e*.MceenaR /o Village Pipliya Tehsil Chouth Ka Barwara, $

2Bi,&Sa-w ai Madhopur (Rajasthan) , ,% g "%*

Ramaavtar Years, B/c , Ba rwa ra D Vi m 1a D/o Meena, Aged About 24 Pipliya Tehsil Chouth Ka ,'*

Kali D/o Jagdish "~'. . l $ # ""'$- e 'kj', e jEpI n .;?sG ~ +' L* a -' &y$ f& Z i ,x ,Y % - > " $ :, 3 & *g ; p f # o $. *& i~ k & P ~ j* s R $ > :,l $ ~$: peMshe ena, Aged About " . .

>. C33p :f $"3

22 Years, B/c ~ehh g ar~a:i o $ id a 484 \ ;

lilgla$g2 eP ipliya Tehsil Chouth Ka Barwara, Dist- ~a&a~.@:* :P'l,a :d

6. Uganti D/o Jagdisfi M,eena, Aged About 19 Years, Bjc .*.

Meena R/o V

7. Foora D/o Jagd About 18 Years, B/c '% e=

Meena R/o ~ill~~~+~~~~~~e&~i:l~~@outKh a Barwara, Dist-

\ &q:' . $ bq.g ;$

Sawai Madhopur (Raja# sth%a* n) '$$

----Claimants-Respondents

8. Sita Ram Son Of Radha Kishan, Aged About 40 Years, B/c Jat, R/o Meer Nagar Mehandwas, Police Station Mehandwas, Dist Tonk (Rajasthan)

(Driver of Tractor No.RJ-25-RA-7635).

9. Shiv Charan Jat S/o Badri Lal, Aged About 31 Years, R/o Mahapura; Police Station Chouth Ka Barwara, Dist-Sawai Madhopur (Rajsthan)

(Owner of Tractor No.RJ-25-RA-7635).

-For Appellant(s) : Mr. Raaj Pal Choudhary HON'BLE MR. JUSTICE PRAKASH GUPTA Judament

10/12/2018 *

This appeal has been preferred by the Insurance-.-Company ~a~d~l~~~~6.2018 passed by the -

""& . YJ#%&P Sawai ~adho~$C?r( for short "the \*

02%

the tribunal awarded a sum of~@~230,000/-

71 along with interest @ 8% per annum. ;* ,dB Only contention of the,l for the appellant is K3!8 that the tribunal ~om,.~ib$,e,d; ng compensation on .., the higher made by the learned counsel for the material avail able on record.

The e claimants seeking aj Meena in a motor he .01.2016. tribunal ..

assessed- the income o s.30,000/- per annum and applied multiplier of 18 as the deceased was aged about seventeen years at the time of accident. In view of this, the tribunal rightly applied the multiplier of 18.

Keepirig in view the fact that the deceased was unmarried, the tribunal rightly deducted 1/2 towards personal expenses of the -.

deceased. In this way, the tribunal awarded a sum of ..

Rs.5,40,000/-. The Tribunal further awarded Rs.1,90,000/-

towards conventional heads. However, in view of the judgment of the Hon'ble Apex Court in National Insurance company ....

Limited Vs, Pranay Sethi & Ors., reported in AIR 201 7 SC 5157, only a sum of Rs.70,000/- is to be awarded towards this .head. Thus, the total amount of compensation receivable by the claimants comes to Rs.5,40,000+70,000=6110~OOO/-.

Accordingly, this appeal is partly allowed. Impugned award dated extent that the is maining terms and' conditions of the awar same.

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