Advocates:
['SANDEEP MATHUR', 'S R JOSHI', '', 'RAJ SHARMA']

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

: J U D G M E N T :

S.B. CIVIL MISC. APPEAL NO.2210/2008

Smt. Vimla Devi & Ors.

vs.

Rameshwar & Ors.

Date of Judgment :: 20.09.2013

PRESENT

HON'BLE MR. JUSTICE ARUN BHANSALI

Mr. Sandeep Mathur, for the appellants.

Mr. S.R. Joshi, for the respondent No.3.

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BY THE COURT:

Heard learned counsel for the appellant and learned

counsel appearing for the respondent No.3.

By order dated 18.8.2008 notices were only issued to

respondent No.3 Insurance company as the liability of the

Insurance Company was not in dispute.

With the consent of learned counsel for the parties, the

appeal is finally heard.

This appeal for enhancement is directed against the

judgment and award dated 10.12.2007 passed by the Motor

Accident Claims Tribunal, Jaipur ('the Tribunal'), whereby for the

death of one Vikas Aichera, the Tribunal has awarded a sum of

Rs. 4,25,000/- as compensation alongwith interest @ 6% p.a.

from the date of filing the application i.e. 17.2.2005.

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The brief facts may be noticed thus : the appellants Smt.

Vimla Devi, Dayaram and Kumari Manju parents/sister of one

Vikas Aichera filed an application for compensation ('application')

before the Tribunal with the averments that on 18.10.2004 the

said Vikas, who was aged about 21 years, was travelling on the

motor-cycle RJ-18-2M-6916 from Malviya Nagar to Mahatma

Gandhi Hospital, Jaipur when a truck bearing registration No. RJ-

02-G-1118 struck the motor-cycle on the wrong side of the road

resulting in grievous injuries to Vikas, who was taken to hospital,

where during treatment he succumbed to the injuries. It was

claimed that the truck driver was driving the truck rashly and

negligently, which resulted in untimely death of Vikas. The

claimants claimed a sum of Rs. 1,51,98,000/- as compensation.

The respondent No.3 was impleaded as insurer of the said truck.

A reply was filed by the insurer disputing the averments

made in the claim petition.

The Tribunal framed four issues and on behalf of the

claimants, PW-1 Smt. Vimla Devi, PW-2 Amit Yadav and PW-3

Mukesh Kumar were examined and documents Exhibits-1 to 47

were also exhibited. On behalf of the non-claimants no evidence

was produced.

The Tribunal after hearing the parties came to the

conclusion that the truck was being driven rashly and negligently

by the driver, which resulted in death of Vikas. The objections

about liability raised by the Insurance Company were rejected

for lack of evidence.

While dealing with the issue relating to the quantum of

compensation, the Tribunal noticing that the deceased was a

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student of MBBS 3^rd semester and was studying at Sawai

Mansingh Medical College, Jaipur ('SMS College') and had a

brilliant academic career, inasmuch as, during his school

educaiton at Sainik School, Chittorgarh and during his medical

education, he was recipient of scholarship, came to the

conclusion that the deceased at the end of his studies would

have become qualified doctor and taking into consideration the

fact that he would have got married in the future and would have

made a limited contribution to the parents, assessed the loss to

the parents at Rs. 2,500/- per month and after applying

multiplier of 13 based on the age of the parents awarded

compensation for loss of income at Rs. 3,90,000/- and after

adding Rs. 30,000/- towards loss of consortium / service by the

deceased and Rs. 5,000/- towards funeral expenses, awarded

total compensation of Rs. 4,25,000/- alongwith interest as

noticed above.

Questioning the quantum of compensation, it is submitted

by learned counsel for the appellant that the Tribunal after

coming to the conclusion that deceased Vikas was a brilliant

student based on the documentary evidence, which included

Exhibit-16 to 27, which are certificates relating to the