Smt. Uganta Devi W/O Late Shri ... vs Murlidhar S/O Shri Gangasahay
2021 Latest Caselaw 314 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 4739/2018

1.     Smt. Uganta Devi W/o Late Shri Kamlesh, Aged About 24
       Years, R/o Rundal, Thana Chandwaji, Tehsil Amer, District
       Jaipur (Raj.)
2.     Kunal S/o Late Shri Kamlesh, Aged About 4 Years 9
       Months Minor Through His Mother Uganta Devi W/o Late
       Shri Kamlesh, R/o Rundal, Thana Chandwaji, Tehsil Amer,
       District Jaipur (Raj.)
3.     Banshidhar S/o Late Shri Manguram, Aged About 54
       Years, R/o Rundal, Thana Chandwaji, Tehsil Amer, District
       Jaipur (Raj.)
4.     Manbhari Devi W/o Shri Banshidhar, Aged About 52 Years,
       R/o Rundal, Thana Chandwaji, Tehsil Amer, District Jaipur
       (Raj.)
                                                   ----Appellants - Claimiants
                                    Versus
1.     Murlidhar S/o Shri Gangasahay, R/o Manpura Machedi,
       Tehsil Amer, District Jaipur (Driver)
2.     Devi Sahai S/o Ramchandra, R/o Dhani Tiwadi Wala, Tan
       Manoharpur, Tehsil Virat Nagar, District Jaipur (Raj.)
       (Owner)
3.     United      India   Insurance         Ocmpany             Limited,   Through
       Regional Manager, Sahara Chambers, Tonk Road, Jaipur
       (Insurance Company)
                                           ----Non Claimants/Respondents

For Appellant(s) : Mr. Ram Sharan Sharma For Respondent(s) : Mr. Manish Parashar through VC

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

15/01/2021

By way of this appeal, the appellants-claimants have

challenged the award dated 07.07.2018 passed by learned Motor

(2 of 3) [CMA-4739/2018]

Accident Claims Tribunal, Shahpura, District Jaipur (for brevity

"the Tribunal") qua the findings vide issue No.3.

Relying upon the judgment of a co-ordinate Bench of this

Court in case of S.B. Civil Miscellaneous Appeal

No.6562/2011; Jalaur Singh @ Dilawar Singh & Anr. Vs.

Barkat & Ors. decided on 26.03.2012, learned counsel for the

appellants contended that the Tribunal has erred in assessing the

monthly income of the deceased to the tune of Rs.5434/-

multiplying his daily income of Rs.209/- by 26 days instead of 30

days. He submitted that income of the deceased be assessed by

multiplying his daily income by 30 days and the compensation

payable to the appellants be enhanced suitably.

Learned counsel for the respondent No.3, opposing the

prayer, submitted that the learned Tribunal has committed no

error in taking the monthly income of the deceased @ Rs.5434/-

which was in accordance with minimum wages fixed by the

competent authority at the relevant time. He prayed for dismissal

of the appeal.

Heard the learned counsels for the parties and perused the

record.

This Court has, in case of Jalaur Singh @ Dilawar Singh &

Anr. (supra), held that for the purpose of assessing the monthly

income of a labourer, his daily income should be multiplied by 30

days instead of 26 days. In view of the law laid down by this Court

in the aforesaid case, findings of the learned Tribunal qua Issue

No.3 assessing his monthly income stand vitiated. The

compensation payable to the appellants under the head of loss of

dependency is re-assesed as under:-

(3 of 3) [CMA-4739/2018]

Rs.209/- X 30 = 6270 - 1567.5 (1/4th personal expenses)

= Rs.4702.5/- = Rs.4702.5 X 12 X 17 = Rs.9,59,310/-.

Thus, the appellants are entitled for Rs.9,59,310/- towards

loss of dependency instead of Rs.8,31,504/-. Rest of award is

maintained.

The appeal is partly allowed in the aforesaid terms.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/84

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