HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JA~PUR

S.B. Civil Miscellaneous Appeal No. 4615/2019

I. Man Singh, Aged About 47 Years, Son of Dariyav Singh,

2.

Suman Kanwrar wife of Man Singh, Aged About 46 Years

3.

Dipendra Singh Son of Man Singh, Aged About 2 1 Years,

4.

Seema Kanwrar daughter of Shri Man Singh, Aged About

19 Years

All. Resident of Hudas, Police Station Ladnu, Tehsil Ladnu,

y:*, .,

" 2 , 9"$

py+"7 *?

District Naa.aur?kRa~,.)

.

:

,:

-,.s,.';i:.e%.

% s ~

yy&w:$&;.

<gc 'a

,,Ax-

',':"":% $

----CI

Versus

1.

son of Bhanwar Sing

Colony, Khatipura, Pol

Nagar,

Jaipnr.

(Nan~$$~$9gleted Vide

Order

Dated

12.10.2018

Of Vehicle Car Eco

lot No. I,

Ganpati

hotwara, Jaipur (Raj.)

Eco Sports No. Rj-14-

CX-8838)

IFF0 Tokiy

Company Limited, 4-5

Sector 29, Gurgaon,

122001 (H

pany Of Vehicle Car

Eco Sports

aimants/Respondents

*.

.w

, -

.*ii,

-.

t

.iT:%!

Floor IFFCO 'r0w4r,~R6~3d.~

n/ F"*,*

%*1~~4*iti*&

*l

For Appellant(s)

~i$p~=41#;1a

%f

Advocate

7 1 3 2

3

HON'BLE MR. JUSTICE PRAKASH GUPTA

Judqment

22/03/2022

Instant appeal has been filed by the appellants-

claimants

(for

short 'the

claimant')

for

enhancement

of

compensation against the judgment and award dated 20.06.2019

passed by Motor Accident Claims Tribunal, Sikar (for short 'the

(2 of 3)

[CMA-4615/2019]

Tribunal'), whereby the Tribunal awarded

Li

a sum of Rs.8,04,450/-

as compensation along with interest @ 7% per annum from the

date of filing of the claim petition.

It is submitted by the learned counsel for the claimants

that the Tribunal committed an error in awarding lesser

compensation. Income of the deceased was also taken on the

lower side by the Tribunal.

made by the learned

counsel for tti

The claim petitio'n

:*

compensation on a c c ~ t _ , ~ o J @ d

Rs. 18,000/- per mont

*%$p?gr.

-'t

" .<&@

and cogent evidence wa

same. I n this view of the-db!

income of the decea-

per annum on the ba.s

r$$$

a$L~:i~~f~.A,R~pendra

Singh in the

eceased was earning

same, no documentary

qv

I jjy(if!he claimants to prove the

fixed by the State Go

,l-"wv Asjerzthe post-mortem report

a:wpqd

*&. j*'. ;;-

deceased was aged about 207ear.s at the time of accident.

Therefore, in view of the judgment of the Hon'ble Apex Court in

National Insurance Company Limited Vs. Pranay Sethi &

Ors, reported in AIR 2017 SC 5157, an addition of 40% of the

income was rightly added by the Tribunal towards future prospect

of the deceased, which comes to Rs.24,586/- per annum. Thus,

the annual income of the deceased comes to Rs.86,050/-

(61464-1-25085). Keeping in view the of the fact the deceased was

(3 of 3)

[CMA-4615120 191

unmarried at the time of accident, the Tribunal rightly deducted

one half of the said income towards personal expenses of the

deceased. Taking into consideration the age of the deceased, the

tribunal rightly applied the multiplier of 18 and assessed

Rs.7,74,750/-.

I n addition to the above, the Tribunal also awarded

compensation in the conventional heads.

Therefore, the judgment and award passed by the

Tribunal does not call

ently, the appeal fails an

dismis

Application, if any, also stands disposed of aciordingly.

GU PTA) ,

J