R S R T C vs Hari Singh And Others
2022 Latest Caselaw 1149 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 2454/2016

Rajasthan State Road Transport Corporation Ltd., Through Chief
Manager, Dholpur, Having Its Head Office Parivahan Marg,
Chomu House, Jaipur Through Its Officer Incharge.
                                                                    ----Appellant
                                   Versus
1.     Hari   Singh    S/o     Surajbhan,          R/o     Vill.   Kankret   Teh.
       Sarmathrua, Distt. Dholpur. Raj..
2.     Prembai      W/o       Harisingh,        R/o      Vill.     Kankret   Teh.
       Sarmathrua, Distt. Dholpur. Raj..
3.     Ramgopal S/o Chandan Singh, R/o Iradatanagar, Agra
       U.P. Presently Driver Of Rajasthan Roadways Depot,
       Dholpur Raj.
                                                                 ----Respondents

For Appellant(s) : Mr. Virendra Agrawal through VC For Respondent(s) : Mr. Dinesh Kumar Garg through VC

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

31/01/2022 The appellant- Rajasthan State Road Transport Corporation

(hereinafter referred as "Corporation") by way of this appeal has

assailed quantum of compensation of Rs.10,82,000/- along with

interest @ 6% per annum awarded by the Tribunal vide judgment

dated 02.03.2016.

In present case, accident occurred on 17.01.2014 wherein

one- Banwari Lal Meena, who is said to be an unmarried person of

20 years had died and his parents have filed claim petition under

Section 140 and 166 of Motor Vehicles Act, 1988. On record, there

is no evidence to show that deceased was having a stable and

(2 of 3) [CMA-2454/2016]

permanent source of income and he has been treated as semi

skilled labour.

Learned counsel for appellant-Corporation submits that at

the time of accident, deceased was semi skilled labour and

minimum wages as prescribed by State Government was @

Rs.199 per day and according to this rate of minimum wages, and

after deducting 50% on account of personal expenses of deceased

(Unmarried), compensation comes to the tune of Rs.6,44,760/-.

As per judgment passed by Supreme Court in case of National

Insurance Company Limited Versus Pranay Sethi & Ors.

(2017 (16) SCC 680), 40% would increase for future prospects

and a lumpsum amount of Rs.30,000/- on account of other heads.

Thus, net compensation comes to the tune of Rs.9,32,664/-

whereas Tribunal assessed Rs.10,82,000/- which is higher side

and he prays that impugned award deserves to be modified

accordingly.

Learned counsel appearing for claimant has opposed appeal,

however, according to the facts on record and while assessing

compensation as per applicable rates of minimum wages and by

applying principle setforth in case of Pranav Sethi (supra), counsel

for claimants could not dispute the computation of compensation

to the tune of Rs.9,32,664/- instead of Rs.10,82,000/-.

In view of above, and after hearing both counsel, this Court

is of the opinion that this appeal deserves to be allowed to the

extent that claimants would be entitled for total compensation of

Rs. 9,32,664/- (as computed hereinabove) along with interest @

6% per annum from the date of filing of claim petition. The

impugned award dated 02.03.2016 stands modified accordingly.

(3 of 3) [CMA-2454/2016]

Aforesaid amount of compensation along with interest be

disbursed forthwith to claimants who are parents of deceased. If

Corporation has deposited amount before the Tribunal, after

making payment of amount as computed hereinabove along with

interest, excess amount, if any, be refunded to Corporation.

Accordingly, the appeal stands disposed of.

All pending applications also stand disposed of.

Record of the Tribunal be sent back forthwith.

(SUDESH BANSAL),J

NITIN/122

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