Rajasthan High Court
Smt Sita Devi And Anr vs Shankar Lal Jat And Ors on 1 July, 2022
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 188/2018
1. Smt Sita Devi W/o Ramprasad, Aged 39 years, R/o Gram
Nimheda, Post Nimheda, Tehsil Peeplu, Distt. Tonk
2. Ramprasad s/o Shri Narayan, Aged 41 years, R/o Gram
Nimheda, Post Nimheda, Tehsil Peeplu, Distt. Tonk
----Appellants/Claimants
Versus
1. Shankar Lal Jat S/o Badri Narayan, R/o Yadgarpura alias
Garudvasi, Thana Kot Khavda, Distt. Jaipur
2. Manager, Rajasthan State Road Transport Corporation, Tonk
Agaar, Tonk
.......Respondents
3. Dhanraj S/o Ramprasad, Aged 18 years, R/o Gram Nimheda,
Post Nimheda, Tehsil Peeplu, Distt. Tonk
----Proforma Respondent
For Appellant(s) : Mr. Bhanu Prakash
For Respondent(s) : Mr. Kailash Chaudhary
None for respondent No.2 RSRTC
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Judgment
01/07/2022
The present civil misc. appeal has been filed by the
appellants-claimants under Section 173 of the Motor Vehicles Act,
1988 (for short 'the Act of 1988') against the judgment and award
dated 24.10.2017 passed by the Court of Motor Accident Claims
Tribunal, Tonk (for short 'the Tribunal') in claim case No. 293/2015
(274/2015), whereby an amount of Rs. 6,20,712/- has been
awarded as compensation on account of death of Raju @ Dhara
Singh in an accident which occurred on 08.03.2015.
(2 of 4) [CMA-188/2018]
Learned Tribunal after framing the issues, evaluating the
evidence available on the record and after hearing the counsel for
the parties, decided the claim petition of the claimants appellants
awarding compensation to the tune of Rs. 6,20,712/- under
various heads in favour of the claimants appellants.
In spite of service of notice, no-one has put in appearance on
behalf of respondent No.2- Rajasthan State Road Transport
Corporation.
Learned counsel for the appellants submits that the deceased
was doing the job of Mechanic which falls within the purview of a
skilled labour as per the Notification issued by the Department of
Labour. Counsel further submits that at the relevant time, the
minimum wages of a skilled labour was Rs. 217/- per day. Hence,
monthly income of the deceased should have been determined as
Rs. 6510/- (Rs. 217/- X 30) but without any basis the Tribunal has
treated the status of the deceased as an unskilled labour. Counsel
further submits that no amount towards future prospects has been
awarded in the light of the judgment delivered by the Hon'ble
Apex Court in the case of National Insurance Company Ltd. v.
Pranay Sethi & Ors. : (2017) 16 SCC 680. Counsel for the
appellants, therefore, prays that re-computation of the award in
the present case may be done in the light of the notification issued
by the Department of Labour and in the light of the judgment
delivered by the Hon'ble Apex Court in the case of Pranay Sethi
(supra).
Per contra, learned counsel for the respondent No.1-
Shanker Lal submits that the Tribunal while deciding the claim
petition of the claimants appellants has correctly taken into
consideration the factors while calculating the award in this case
(3 of 4) [CMA-188/2018]
on the anvil of evidence produced before it. Thus, the judgment
and award dated 24.10.2017 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 claimants appellants
with respect to re-computation of the award in the present case in
the light of the notification issued by the Department of Labour
and in the light of the judgment delivered by the Hon'ble Apex
Court in the case of Pranay Sethi (supra).
I have considered the submissions made at the Bar and
gone through the judgment and award dated 24.10.2017 as well
as the material available on the record.
Admittedly, the deceased was discharging the function of the
Mechanic at the time of accident but without any basis the status
of the deceased was treated as an unskilled labour. As per the
Notification issued by the Department of Labour, the work of a
Mechanic falls within the purview of a skilled labour. Hence, the
claimants are entitled to get compensation by treating the
income/wages of the deceased as a skilled labour. Further, the
amount to the extent of 40% is required to be added towards
future prospects in the light of the judgment delivered by the
Hon'ble Apex Court in the case of Pranay Sethi (supra).
Thus, the award is re-computed as under:-
Monthly income Rs. 6510/- (Rs. 217/- X 30)
Annual income Rs. 6510 x12 = Rs.78,120/- per annum
78,120 X 18 = Rs.14,06,160/-
Less 1/2 towards personal Rs. 14,06,160/- - Rs. 7,03,080/-
expenses = Rs. 7,03,080/-
Add 40 per cent towards Rs.7,03,080 + Rs. 2,81,232
future prospects = Rs. 9,84,312/-
Loss of love and affection (As Rs. 75,000/-
awarded by the Tribunal)
(4 of 4) [CMA-188/2018]
Funeral expenses (As Rs. 15,000/-
awarded by the Tribunal)
Total compensation Rs. 9,84,312/- + Rs. 75,000 + Rs.
awardable 15,000/- = Rs. 10,74,312
Less amount awarded by the Rs. 10,74,312 - Rs.6,20,712 =
Tribunal Rs.4,53,600/-
Enhanced amount of Rs. 4,53,600/-
compensation
Thus, an amount of Rs. 4,53,600/- is enhanced in the
present case. The respondent No.2-Corporation is directed to pay
the enhanced amount of compensation of Rs. 4,53,600/- in
addition to the amount already awarded by the Tribunal vide its
judgment dated 24.10.2017 within a period of two months from
the date of receipt of a certified copy of this order. The enhanced
amount shall carry interest @ 6% per annum from the date of
filing of the claim petition till the actual payment is made.
It is further ordered that out of the enhanced amount the
Tribunal shall disburse a sum of Rs.50,000/- in the Saving Bank
Account of the claimants-appellants and the balance amount of
the enhanced compensation be invested in any Nationalized Bank
initially for a period of three years and interest accrued on the said
amount shall be paid to the appellants-claimants on monthly
basis.
With the above observations, the appeal stands disposed of.
All pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J
Ritu/58
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