MISHRI DEVI Vs. JAIPUR VIDHYUT VITRAN NIGAM LIMITED

JUDGEMENT

(1.) The instant appeals have arisen out of the judgment and decree dtd. 10/1/2023 passed by the Additional District and Sessions Judge, Chomu, Jaipur (for short 'the trial Court') in civil suit (Fatal Accident) No.11/2019, titled as 'Smt. Mirshri Devi and ors. Vs. JVVNL and Anr.', whereby the trial Court while partly allowing the claim petition, has awarded a sum of Rs.9,75,650.00 along with interest @7.5 % per annum from the date of filing of the suit as compensation in favour of the plaintiffs-appellants (for short 'the plaintiffs').

(2.) CFA No. 360/2023 has been filed by the plaintiffs seeking enhancement of compensation awarded by the trial Court whereas CFA No. 202/2023 has been filed by the defendants-respondents (for short 'the defendants') challenging the judgment and decree passed by the trial Court on the various grounds.

(3.) CFA No. 360/2023:- Learned counsel for the plaintiffs submits that the trial court has not appreciated the evidence led by the plaintiffs in the right perspective. Learned counsel for the plaintiffs further submits that deceased-Kesarmal Meena was earning Rs.10,000.00 per month but the trial Court has wrongly considered the income of the deceased-Kesarmal Meena as Rs.211.00 per day on the basis of minimum wages prevalent at the relevant point of time. Learned counsel for the plaintiffs further submits the trial Court wrongly calculated the income of deceased for 26 days, whereas it should be for 30 days. So, the income of the deceased be calculated as Rs.10,000.00 per month. Learned counsel for the plaintiffs also submits that trial Court had granted very meagre amount towards loss of consortium, loss of love and affection and funeral expenses as wholesome of Rs.50,000.00 whereas each of the plaintiff is entitled to get Rs.40,000.00 towards loss of love and affection and loss of consortium and plaintiffs are also entitled to get Rs.15,000.00 towards funeral expenses. Learned counsel for the plaintiffs further submits that the trial Court has not awarded any amount towards loss of estate whereas it should be Rs.15,000.00. So, judgment and decree dtd. 10/1/2023 passed by the trial Court may be modified accordingly.