Advocates:
['ROHAN JAIN', 'SUDHIR KR JAIN', '', 'VINOD TYAGI', 'SANJAY KU SHARMA']

Smt. Seema Sharma & Ors. Vs. Poonam Chand & Ors.

SB CMA No. 1075/05.

1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

SB Civil Misc. Appeal No.1075/05.

Smt. Seema Sharma & ors.- Appellants.

Vs.

Poonam Chand & Ors.- Respondents

HON'BLE JUSTICE MS. BELA M. TRIVEDI

Date of Order :26.8.2011.

Mr. Rohan Jain for the appellants.

Mr. Sanjay Tyagi for the respondent No.3.

(1)

The present appeal has been filed under

Section 173 of the Motor Vehicle Act, 1988

against the award dated 12^th January, 2005

passed by the Motor Accident Claims Tribunal,

Jhalawar (hereinafter to be referred to as “the

Tribunal”) in Claim Petition No. 191/01.

(2)

Heard learned advocate Mr. Rohan Jain,

for the appellants-claimants and Mr. Vinod Tyagi

for the respondents.

(3)

The short facts giving rise to the

present appeal are that the appellants-claimants

had filed the claim petition No. 191/01 before

the Tribunal claiming the compensation of Rs.

71,25,000/- on account of the death of Shri

Rajesh Kumar Sharma, who happened to be the

husband

of

appellant

No.1

and

father

of

appellant No. 2 and 3. As per the case of the

claimants on 7.12.2000 the said Rajesh Kumar

Sharma

was

travelling

in

a

Jeep

bearing

Registration No. RRO-7532 alongwith other co-

passengers and at about 1.30 A.M. one Truck

Smt. Seema Sharma & Ors. Vs. Poonam Chand & Ors.

SB CMA No. 1075/05.

2

bearing Registration No. RJ-17-G 0559 dashed

with the said jeep, as a result of which the

said Rajesh Kumar Sharma sustained serious

injuries and died on the spot. The other

passengers in the jeep also received injuries.

The legal heirs of the deceased Rajesh Kumar

Sharma i.e. the present appellants filed Claim

Petition being No. 191/01 claiming compensation

under different heads to the tune of Rs.

71,25,000/-.

The

said

claim

petition

was

resisted by the Insurance Company by filing

reply before the Tribunal. The other injured

passengers Jagdish Kumar and Salim had also

filed Claim Petitions being No. 119/01 and

120/01

respectively.

The

Tribunal

after

considering the evidence on record and hearing

learned advocates for the parties, passed a

common award dated 12.1.2005 in which the

Tribunal awarded Rs. 8,99,000/- by way of

compensation to the appellants, with interest @

6% per annum from the date of claim petition

till payment. Being aggrieved by the said award

the present appeal has been preferred by the

appellants

claiming

enhancement

in

the

compensation awarded by the Tribunal.

(4)

The learned advocate Mr. Rohan Jain,

for the appellants placed heavy reliance on the

judgment of Hon'ble Supreme Court in the case of

Sarla Verma (Smt.) & Ors. Vs. Delhi Transport

Corporation & Anr. ((2009) 6 SCC, 121) and

Smt. Seema Sharma & Ors. Vs. Poonam Chand & Ors.

SB CMA No. 1075/05.

3

submitted that the Tribunal has materially erred

in law in not awarding any amount under the head

of loss of future prospects and that the

multiplier awarded by the Tribunal is also not

in accordance with the guidelines laid down in

the said decision.

(5)

The learned counsel Mr. Vinod Tyagi for

the respondent No.3 – Insurance Company has also

relied upon the same judgment to submit that the

imponderables in life are too many and if the

deceased had not died in accident, he might have

died on account of ill-health or other reasons

or loss of employment and, therefore, the

Tribunal has rightly awarded the compensation on

the basis of the salary income of the deceased

at the time of the accident.

(6)

Having regard to the submissions made

by the learned counsel for the parties and to

the award made by the Tribunal, it transpires

that it is not disputed that the deceased Rajesh

Kumar Sharma died in the accident caused due to

rash and negligent driving of the truck driver,

when he was travelling in the jeep in question

on 7.12.2000.It is also not disputed that at the