Mamta Devi W/O Late Rakesh Sharma vs Puranmal S/O Shri Ramu
2021 Latest Caselaw 942 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 2281/2020

1.     Mamta Devi W/o Late Rakesh Sharma, Aged About 32
       Years,
2.     Suraj Kumar S/o Late Rakesh Sharma, Aged About 11
       Years,
3.     Kumari Priya D/o Late Rakesh Sharma, Aged About 10
       Years,
4.     Kumari Chetna D/o Late Rakesh Sharma, Aged About 8
       Years,
       (Claimant No. 2 to 4 being Minor Represented By Natural
       Guardian Mother Smt. Mamta Devi W/o Late Rakesh
       Sharma)
5.     Smt Shanti Devi W/o Late Gopal Lal,
       (All Resident Of Peepalkheda, Tehsil Mahwa, District
       Dausa.)
                                                    ----Appellants-Claimants
                                   Versus
1.     Puranmal S/o Shri Ramu, Resident Of Bhandaj, Hardewa
       Ki Dhandi, Tehsil Thana, District Alwar. (Driver Of Vehicle
       No. RJ 14 GF 2852)
2.     Balkishan Maheshwari S/o Om Prakash Maheshwari,
       Presently Residing At House No. 251/75, Pratap Enclave,
       Haldi Ghati, Pratap Nagar, Jaipur (Owner Of Vehicle No.
       RJ 14 GF 2852)
3.     Royal Sundaram General Insurance Company Limited,
       607-611, 6Th Floor, (Vijay) City Point, Jaipur (Insurance
       Company Of Vehicle No. RJ 14 GF 2852)
                                                                ----Respondents

For Appellant(s)         :     Mr. Rizwan Ahmed
For Respondent(s)        :     Mr. Chanderdeep Singh Jodha

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

29/01/2021

(2 of 3) [CMA-2281/2020]

This appeal is filed by the appellant-claimants against the

award dated 05.02.2020 passed by learned MACT, District Dausa

seeking enhancement of the compensation. Both the learned

counsels for the respective parties agree that the compensation

payable to the claimants needs to be reassessed in view of the law

laid down by the Hon'ble Apex Court of India in case of National

Insurance Company Ltd. Vs. Pranay Sethi and Ors. (2017)

16 SCC 680.

In view of the guidelines laid down by the Hon'ble Apex

Court in case of National Insurance Company Ltd. (Supra) the

compensation payable to the claimants is reassessed as under;

At the relevant time minimum wages payable per day to

unskilled labourer as per the notification issued under Minimum

Wages Act, 1956 was Rs.213/-. As per the judgment of this Court

in case of S.B. Civil Miscellaneous Appeal No.6562/2011;

Jalaur Singh @ Dilawar Singh & Anr. Vs. Barkat & Ors., this

daily income has to be multiplied by 30 days. In view of the age of

the deceased, multiplier of 16 to be applied and 1/4th of the

income is to be deducted towards the personal expenses of the

deceased in view of the number of dependent upon him. Thus the

compensation comes to:-

Rs.213 X 30 X 12 X 16 X 3/4 = Rs.9,20,160/-

Since, age of the deceased was below 40 years, 40% of the

income is taken towards future prospects which comes to

Rs.3,68,064/-. The claimants are entitled for a sum of Rs.70,000/-

under conventional heads. Thus, the total compensation payable

to the appellants-claimants comes to Rs.13,58,224 (Rs.9,20,160+

Rs.3,68,064+Rs.70,000) - Rs.9,34,000(compensation already

awarded), so the enhanced amount of compensation, for which

(3 of 3) [CMA-2281/2020]

the appellants-claimants are now entitled comes to Rs.4,24,224/-.

Rest of the condition of the award is maintained.

The appeal is allowed in part in the aforesaid terms.

(MAHENDAR KUMAR GOYAL),J

DANISH USMANI /53

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