SBCMA NO.302/1998- THE STATE OF RAJASTHAN AND ANR. V/S SH. YAQUB ALI AND ANR.:JUDGMENT
DTD.1.10.2009
1/4
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
S.B. CIVIL MISC. APPEAL NO.302/1998
The State of Rajasthan and anr.
Versus
Sh. Yaqub Ali and anr.
PRESENT
HON'BLE Dr.JUSTICE VINEET KOTHARI
Mr. I.S.Pareek, Addl. G.A. for the appellant - State.
DATE OF JUDGMENT : 1st October, 2009.
JUDGMENT
1. This appeal has been filed by the appellant – State – owner of
the jeep No. RJ27/4836 belonging to the Police Department of the
State, which was being driven in rash and negligent manner and on
account of same, said jeep hit the deceased Firoz Ali, who was riding
on his moped in Udaipur City near Swaroop Sagar Tri-section and on
account of said accident, the said person Firoz Ali aged 28 years died
on that very day in the hospital at 11 p.m., whereas the accident took
place at around 5 p.m. in the evening on 18.12.1990.
SBCMA NO.302/1998- THE STATE OF RAJASTHAN AND ANR. V/S SH. YAQUB ALI AND ANR.:JUDGMENT
DTD.1.10.2009
2/4
2. The claimants filed the claim petition claiming a sum of
Rs.19,46,000/- and after deciding various issues in favour of the
claimants, the learned Tribunal awarded a sum of Rs.4,48,000/- .
While admitting the appeal on 18.5.1998, this Court directed the
appellant – State to deposit 50% of the compensation awarded with
the Tribunal which was to be disbursed to the claimants and
remaining 50% was stayed by this Court.
3. The learned counsel for the State has urged that there was no
proof or evidence produced by the claimants to show that the
deceased had worked in Kuwait and monthly income of the deceased
was Rs.8000/- as claimed by them and the Tribunal has also without
any such evidence, determined the income of the deceased as
Rs.3000/- and without making any deduction for personal expenditure
at the rate of 1/3rd of monthly income, the learned Tribunal has
granted higher amount of compensation with high rate of interest of
15% per annum. He submits that the learned Tribunal has erred in
granting disproportionately higher compensation to the claimants.
4. No body has appeared on behalf of the claimants to controvert
these submissions made on behalf of the appellants.
5. Having heard the learned counsel for the State and upon
perusal of the record of the case and the reasoning given by the
SBCMA NO.302/1998- THE STATE OF RAJASTHAN AND ANR. V/S SH. YAQUB ALI AND ANR.:JUDGMENT
DTD.1.10.2009
3/4
learned Tribunal, this Court is of the opinion that the learned Tribunal
believing their version of A.W.1 Nafisa wife of the deceased, and
A.W.2 Mushtaq Hussain; co-worker in the garage of the deceased,
who were obviously interested witnesses to the extent that the
deceased was working in Kuwait for some time, had estimated the
income of the deceased at the time when he was working in India only
and looking to the age of the deceased of 28 years, the Tribunal
estimated the said income of Rs.3000/- as against the income of
Rs.8000/- as claimed by the claimants. However, the learned Tribunal
has not made any deduction for personal expenditure out of his
income. Further the claim petition was decided in the year 1994 and
the death in question took place on 18.10.1990 and almost 20 years
have passed by. The rate of interest of 15% awarded by the Tribunal
is also very high looking to the current rate of 8 to 9% per annum.
6. Accordingly this Court is of the opinion that appeal of the
appellant – State deserves to be partly allowed and deduction of 1/3rd
from the net income of Rs.3000/- estimated by the learned Tribunal
deserved to be made and also the interest rate deserves to be reduced
from 15% to 9% as directed by the learned Tribunal. Such
recomputation of compensation would arrive at figure of 3000-1000
(1/3rd) = 2000 x 12 = 24000 x 12 = 2,88,000/- as against sum of
Rs.4,32,000/- computed by the learned Tribunal. The compensation
SBCMA NO.302/1998- THE STATE OF RAJASTHAN AND ANR. V/S SH. YAQUB ALI AND ANR.:JUDGMENT
DTD.1.10.2009
4/4
under other heads is not interfered with. The rate of interest would
also stands reduced to 9% per annum.
7. Accordingly, the present appeal is partly allowed and the
learned Tribunal shall re-compute the final amount with interest @9%
per annum and after adjustment of the amount already deposited by
the appellant – State, the remaining amount of compensation with
interest may be deposited by the appellant State with the Tribunal
within a period of three months from today, which may be disbursed
to the claimants in the same proportion as directed by the learned
Tribunal. No order as to costs.
(Dr.VINEET KOTHARI)J.
Item No.9
Ss/-