Mukesh Kumar Regar S/O Shri ... vs Abdul Wasid S/O Shri Abdul Hamid
2022 Latest Caselaw 3439 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 548/2019

Mukesh Kumar Regar S/o Shri Chhitarlal, Aged About 28 Years,
R/o    Gram     Kutka,       Post      Udganv,         Tehsil     Bonli,     Distt.
Sawaimadhopur (Raj.).
                                                        ----Appellant/Claimant
                                    Versus
1.      Abdul   Wasid     S/o     Shri     Abdul       Hamid,     R/o      Mohalla,
        Karkhniyan, Chaksu, Distt. Jaipur (Raj.).
2.      Abdul Hamid S/o Shri Kallu Khan, R/o 62A Mohalla,
        Karkhniyan, Chaksu, Distt. Jaipur (Raj.).
3.      United India Insurance Company Limited, Branch Office
        Subhash Bazar, Tonk, Raj.
                                                                ----Respondents

For Appellant(s) : Mr. Bhanu Prakash Verma, Advocate For Respondent(s) : Mr. Ram Singh Bhati, Advocate

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment

29/04/2022

Instant appeal has been preferred by the claimant-appellant

against the judgment and award dated 28.09.2018 passed by the

Court of learned Judge- Motor Accident Claims Tribunal, Tonk in

Motor Accident Claim Case-CIS No.390/2015 (369/2015) (for

brevity 'Tribunal') by which an amount of Rs.1,88,003/- has been

awarded as compensation on account of injuries sustained by the

appellant-claimant in the accident occurred on 28.04.2015.

Learned Tribunal after framing the issues, evaluating the

evidence on record and hearing the counsel for the parties,

decided the claim petition of the claimant-appellant awarding

(2 of 4) [CMA-548/2019]

compensation to the tune of Rs.1,88,003/- under various heads in

favour of the claimant-appellant.

Counsel for the claimant-appellant submits that while

deciding the claim petition, the Tribunal has treated the appellant-

claimant as a daily-wager and determined his income as Rs.5642/-

(Rs. 217/- per day as per minimum wages).

Counsel further submitted that the Tribunal seriously erred in

determining the minimum wages of the claimant-appellant for 26

days only while he has to work for 30 days in a month.

He has placed reliance upon the judgment passed by this

Court in the case of Smt. Mumtaj & Ors. Vs. Punji Lal Yadav &

Ors. (S.B. Civil Misc. Appeal No.6249/2011) decided on

17.02.2022.

Lastly, he argued that suitable compensation may be

enhanced.

Per contra, learned counsel for the respondent-Insurance

Company submits that the Tribunal while deciding the claim

petition of the claimant-appellant has correctly taken into

consideration the factors as well as calculating the award in this

case on the anvil of evidence produced before it. Thus, the

judgment and award dated 28.09.2018 does not call for any

interference by this Court.

Learned counsel, however, is not in a position to controvert

the submissions made by the counsel for the claimant-appellant

with respect to the judgment and award passed by this Court in

the case of Smt. Mumtaj (supra).

I have heard and considered the submissions made at the

Bar and gone through the judgment and award dated 28.09.2018.

(3 of 4) [CMA-548/2019]

Admittedly, the Tribunal, while determining the income of the

appellant-claimant, has treated him as a daily-wager and wages of

26 days only has been taken into consideration while passing the

impugned award.

In view of the judgment passed by this Court in the case of

Smt. Mumtaj (supra), this Court has already decided the

controversy that the daily-wager is entitled to get daily-wages for

30 days in a month.

Thus, the award is re-computed as under:-

Monthly income Rs. 217/- X 30 X 9/100=Rs.585.9/- Annual Income Rs.585.9/- X 12 = 7030.8/-

Rs.7030.8/-x 18 = 1,26,554.4/-

Towards Pain and sufferings Rs.57,500/- Towards General Expenses Rs.4,000/-

during hospitalisation
Towards loss of income              Rs.7,523/-
Towards travelling expenses         Rs. 2000/-
Towards     medicine       taken Rs.7,300/-
during treatment
Total           compensation Rs. 2,04,877.4/-
awardable

Less amount awarded by the Rs. 2,04,877.4/- - Rs.1,88,003/-

Tribunal                   Rs. 1,87,856/-
Enhanced amount of                  Rs. 16,874.4/-
compensation

Thus, the amount of Rs.16,874.4/- is enhanced in the

present case and the Insurance Company is directed to pay the

enhanced amount of 16,874.4/- within the period of two months

from today.

The enhanced amount shall carry interest @ 6% from the

date of filing of the claim till actual payment is made.

(4 of 4) [CMA-548/2019]

Accordingly, the appeal filed by the claimant-appellant stands

disposed of.

All pending application(s), if any, stand(s) disposed of.

(ANOOP KUMAR DHAND),J

Pravesh/18

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