Allahabad High Court
Rakesh Kumar Solanki And 3 Others vs United India Insurance Company ... on 25 March, 2021
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 323 of 2021
Appellant :- Rakesh Kumar Solanki And 3 Others
Respondent :- United India Insurance Company Ltd And 2 Others
Counsel for Appellant :- Mayank
Hon'ble Vivek Agarwal,J.
1. Heard Sri Mayank, learned counsel for the appellants.
2. This appeal has been filed by the claimants being aggrieved of the award dated 22.01.2021 passed by learned Motor Accident Claims Tribunal, Mathura in M.A.C.P. No.689 of 2013, mainly on the ground that accident took place on 16.09.2013, when deceased Beena Devi who is survived by her husband and three minor children died, because of such accident, income of the deceased has been construed at Rs.4500/- per month.
3. Sri Ajay Singh, learned counsel for the respondent-Insurance Company, in his turn, submits that learned Tribunal has discussed this aspect that wages for an unskilled labourer on the date of the accident were to the tune of Rs.192/- per day, but it is not possible to accept that a daily-wager will get wages for all the 30 days in a month for year around and, therefore, computed income of the deceased at Rs.150/- per day or Rs.4500/- per month and, therefore, there is no illegality or arbitrariness in the impugned award.
4. After hearing learned counsel for the parties and going through the record, it is evident that deceased was running a boutique and besides that was a home-maker.
5. Insensitivity of the Tribunal is writ large, inasmuch as, a home-maker cannot be equated to an unskilled labourer. The role of a home maker is much more than what can be translated into economic terms and if this socio-economic reality of life style under Indian facts and circumstances would have been taken into consideration then Tribunal would not have made such discussion without even bothering to refer to any of the judgments of Supreme Court though, it has mentioned that there is plethora of judgments on this aspect. Therefore, this argument advanced by Sri Ajay Singh, learned counsel for the Insurance Company though may look attractive in the first instance, but deserves to be rejected, inasmuch as, role of a home maker cannot be equated to a unskilled labourer and, secondly, because home maker is a 24 X 7 X 365 day's specialized job and there cannot be any analogy that home maker will not get work for round the year.
6. In view of such discussion, treating a home maker to be a skilled worker, minimum wages for a skilled worker on the date of the accident are to be taken, which were to the tune of Rs.6296/- per month or Rs.75,552/-(seventy five thousand and five hundred fifty two) per year. Tribunal has arbitrarily made 1/3rd deduction whereas, according to the law laid down by Supreme Court in case of Pranay Sethi and others Vs. National Insurance Company Ltd.; 2017 (16) SCC 680, 1/4th deduction is to be made, where deceased has 4 to 6 dependents. Therefore, annual dependency of the family will come out to Rs.56,664/-(fifty six thousand and six hundred sixty four). Admittedly, deceased was aged about 37 years, therefore, 40% is to be added towards future prospects, taking total annual loss of income to Rs.79,329.60/-(seventy nine thousand three hundred twenty nine and sixty paise) or rounded to Rs.79,330/-(seventy nine thousand and three hundred thirty) per annum. For the age bracket 36 to 40 years, multiplier of 15 is applicable taking total pecuniary compensation to Rs.11,89,950/-(eleven lakhs eighty nine thousand and nine hundred fifty). Over and above which, claimants are entitled to a sum of Rs.70,000/- under the head of non-pecuniary compensation taking total compensation to Rs.12,59,950/-(twelve lakhs fifty nine thousand and nine hundred fifty) against a sum of Rs.8,26,000/-(eight lakhs and twenty six thousand) awarded by learned Claims Tribunal. Thus, there will be enhancement to the tune of Rs.4,33,950/-(four lakhs thirty three thousand and nine hundred fifty) to which claimants will be entitled and this additional amount will carry interest @ 7% from the date of filing of the claim petition.
7. In above terms, appeal is disposed off.
Order Date :- 25.3.2021
Ashutosh
