HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 4192/2018
1. Smt. Koyali Devi W/o Ram Pratap @ Mukesh, Aged About
20 Years, R/o Village Khora Ladkhani Police Station
Manoharpur District Jaipur (Raj)
2. Hitesh @ Hansraj S/o Ram Pratap @mukesh, Aged About
2 Years, Minor Through Natural Guardian And Mother
Smt. Koyali Devi W/o Ram Pratap @ Mukesh Kumar R/o
Village Khora Ladkhani Police Station Manoharpur District
Jaipur (Raj)
3. Sitaram S/o Sugan Chand, Aged About 42 Years, R/o
Village Khora Ladkhani Police Station Manoharpur District
Jaipur (Raj)
4. Smt. Shanti Devi W/o Sitaram, Aged About 40 Years, R/o
Village Khora Ladkhani Police Station Manoharpur District
Jaipur (Raj)
5. Smt. Dapha Devi W/o Sugan Chand, Aged About 60
Years, R/o Village Khora Ladkhani Police Station
Manoharpur District Jaipur (Raj)
----Appellants/Claimants
Versus
1. Badri Prasad S/o Shri Anarma Jat, R/o Village Dher Ki
Dhani Tan Kant Tehsil Shahpura District Jaipur (Raj)
(Driver)
2. Kailash Chandra S/o Chajuram, R/o Chopyawali Dhani Tan
Khoraladkhani Tehsil Shahpura District Jaipur (Raj)
(Owner)
3. The New India Assurance Company Limited Through
Regional Manager, Office Nehru Place Tonk Road Jaipur
District Jaipur (Insurance Company)
Non-Claimant/Respondent
4. Sugan Chand S/o Kaluram Jat, aged 65 years, R/o Village Khora Ladkhani Police Station Manoharpur District Jaipur (Raj)
----Proforma Respondent For Appellant(s) : Mr. Ram Sharan Sharma For Respondent(s) : Mr. Sita Ram Joshi (Downloaded on 24/07/2022 at 11:22:33 PM) (2 of 5) [CMA-4192/2018] HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Judgment 04/07/2022 Learned counsel for the appellants submits that though respondent No. 4 Sugan Chand has expired and his legal representatives are already on the record.
With the consent of counsel appearing for the parties, arguments have been heard on merits.
Instant civil misc. appeal has been filed by the appellants- claimants under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') against the judgment and award dated 20.04.2018 passed by the Court of Motor Accident Claims Tribunal, Shahpura, District Jaipur (for short 'the Tribunal') in claim case No. 201/2010, whereby an amount of Rs. 7,14,680/- has been awarded as compensation on account of death of Ram Pratap @ Mukesh Kumar in an accident which occurred on 31.01.2010.
Learned Tribunal after framing the issues, evaluating the evidence available on the record and after hearing the counsel for the parties, decided the claim petition of the claimants appellants awarding compensation to the tune of Rs. 7,14,680/- under various heads in favour of the claimants appellants.
Learned counsel for the appellants submits that the Tribunal while assessing the income of the deceased treated him as an unskilled labour and on the basis of the same, his monthly income was determined as Rs. 2600/-. Counsel further submits that the Tribunal has determined the monthly income of the deceased by counting his minimum wages for 26 days only. Counsel submits that his minimum wages should have been determined for 30 days (Downloaded on 24/07/2022 at 11:22:33 PM) (3 of 5) [CMA-4192/2018] instead of 26 days. In support of his contentions, counsel for the appellants has placed reliance on the judgment passed by the Co- ordinate Bench of this Court in the case of Jalaur Singh @ Dilawar Singh and Anr. Vs. Barkat Singh and Ors., reported in 2012 R.A.R. 499 (Raj.). Counsel further submits that under the facts and circumstances of the case, the impugned award needs suitable enhancement.
Per contra, learned counsel for the respondent-Insurance submits that the Tribunal while deciding the claim petition of the claimants appellants has correctly taken into consideration the factors while calculating the award in this case on the anvil of evidence produced before it. Thus, the judgment and award dated 20.04.2018 does not call for any interference by this Court. Counsel further submits that the appellants No. 3 and 4 are not dependents of the deceased, hence, they are not entitled to get any sort of compensation.
Learned counsel, however, is not in a position to controvert the submissions made by the counsel for the claimants appellants with respect to re-computation of the award in the present case in the light of the judgment of this Court in the case of Jalaur Singh @ Dilawar Singh (supra).
I have considered the submissions made at the Bar and gone through the judgment and award dated 20.04.2018 as well as the other documents available on the record.
Admittedly, the deceased was working as an unskilled labour and his minimum wages have been taken into consideration for determining the income for 26 days. In view of the judgment of the Co-ordinate Bench of this Court in the case of Jalaur Singh @ Dilawar Singh (supra), the minimum wages should have been (Downloaded on 24/07/2022 at 11:22:33 PM) (4 of 5) [CMA-4192/2018] considered for 30 days instead of 26 days. It is not in dispute that the appellants No. 3 and 4 are not dependents of the deceased, hence, they are not entitled to get any amount of compensation.
Thus, the award is re-computed as under:- Monthly income Rs.100 X 30 = Rs.3,000/-
Annual income Rs. 3,000/- X 12 = Rs. 36,000/- per annum Multiplier to be applied 18 36,000X 18 = Rs./-6,48,000/-
Deduction 1/4 towards Rs.6,48,000 - Rs.1,62,000 personal expenses = Rs. 4,86,000/-
Add 40 per cent towards Rs. 4,86,000 + Rs. 1,94,400 future prospects = Rs. 6,80,400/-
Add general expenses Rs. 70,000/- (conventional) (as awarded by the Tribunal)Loss of Love and Affection Rs. 55,000/-
(as awarded by the Tribunal) Total compensation Rs. 6,80,400 + Rs. 70,000 + Rs. 55,000 awardable =Rs. 8,05,400/- Less amount awarded by the Rs. 8,05,400 - Rs. 7,14,680 = Tribunal Rs.90,720/- Enhanced amount of Rs. 90,720/- compensation
Thus, an amount of Rs. 90,720/- is enhanced in the present case. The respondent -Insurance Company is directed to pay the enhanced amount of compensation of Rs. 90,720/- in addition to the amount already awarded by the Tribunal vide its judgment dated 20.04.2018 within a period of two months from the date of receipt of a certified copy of this order. The enhanced amount shall carry interest @ 6% per annum from the date of filing of the claim petition till the actual payment is made.
It is made clear that while disbursing the enhanced amount of compensation, the Tribunal is directed to disburse the same to appellant Nos. 1, 2 and 5 only.
With the above observations, the appeal stands disposed of. (Downloaded on 24/07/2022 at 11:22:33 PM)
(5 of 5) [CMA-4192/2018] All pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Ritu/19 (Downloaded on 24/07/2022 at 11:22:33 PM) Powered by TCPDF (www.tcpdf.org)