Rajasthan High Court
Kalu Ram Meena S/O Ranglal Meena vs Salim Kha S/O Shri Gulser on 1 July, 2022
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3347/2018
1. Kalu Ram Meena S/o Ranglal Meena, aged 47 years.
2. Papita d/o Sh. Kalu Ram Meena, aged 18 years.
3. Thandi Ram s/o Sh. Kalu Ram Meena, aged 14 years.
Appellant No.3 minor through their natural guardian father Sh.
Kalu Ram Meena
all residents of Gram Gudriya, Talab Gaon, Tehsil Lalsot, District
Dausa (Raj.)
----Appellant
Versus
1. Salim Khan S/o Shri Gulser, aged 43 years, resident of
Mohalla Nagoriyan, Ward No.8, Kasba Chaksu, District Jaipur
(Raj.) (driver of accidental car No.HR-26-AZ-0693)
2. Chaitan Singh son of Namalum, resident of Gaon Bavda,
Bakipur, Tehsil Farukhnagar, District Gurgaon (Haryana)
(Owner of accidental car No.HR-26-AZ-0693)
3. Pravind son of Sh. Rajpal, resident of Gram Guravada, Tehsil
and District Rewari (Haryana)
(Onwer (agreement) of accidental car No.HR-26-AZ-0693)
4. Shahrukh Khan son of Sh. Chotu Khan, resident of Shitla
Mata, Ward No.25, Kasba Chaksu, District Jaipur.
(Onwer (agreement) as per Section 133 MV Act, of accidental car
No.HR-26-AZ-0693)
5. United India Insurance Company Limited, through its Branch
Manager, Branch Opposite Uco Bank, Hospital Road, Chaksu,
District Jaipur (Raj.),
(Insurance company of accidental vehicle No.HR-26-AZ-0693)
(Policy No.141382/31/14/01/00001156)
(Valid from 28.06.2014 to 27.06.2015)
----Respondents
For Appellant(s) : Mr. Bhanu Prakash Verma
For Respondent(s) : Mr. Manish Parashar
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Judgment
(2 of 4) [CMA-3347/2018]
01/07/2022
Instant appeal has been preferred by the appellants against
the judgment and award dated 13.03.2018 passed by the Court of
Motor Accident Claims Tribunal, Jaipur Metropolitan, Jaipur in MAC
Case No.586/2015 whereby an amount of Rs.6,70,000/- has been
awarded as compensation on account of death of Smt. Kamla
Devi.
Learned Tribunal after framing the issues, evaluating the
evidence and after hearing the counsel for the parties, decided the
claim petition of the appellants awarding compensation to the tune
of Rs.6,70,000/- to the claimants-appellants.
Learned counsel for the appellant submits that by treating
the deceased as an unskilled labour, her monthly income has been
determined as Rs.5000/- without any basis. He further submits
that at that time, as per Government notification issued by the
Department of Labour, the prevailing wages of unskilled labour
was Rs.189/- per day, so, her monthly income should have been
determined as Rs.5670/- per month. He further submits that no
amount towards future prospects have been awarded in the light
of the judgment of Hon'ble Supreme Court in the case of National
Insurance Company Ltd. Vs. Pranay Sethi reported in AIR
2017 SC 5157. Learned counsel therefore, prayed that
recomputation of the award in the present case may be done in
the light of the judgment of Hon'ble Supreme Court in the case of
Pranay Sethi (supra).
Per contra, learned counsel for the respondent-Insurance
Company submits that the learned Tribunal while deciding the
claim petition of the appellants has correctly taken into
consideration all the factors while calculating the award on the
(3 of 4) [CMA-3347/2018]
anvil of evidence produced before it. Therefore, award passed by
the learned Tribunal does not call for any interference by this
Court. However, he is not in a position to controvert the
submissions made by counsel for the appellant with respect to
recomputation of the award in the present case in the light of the
judgment of Hon'ble Supreme Court in the case of Pranay Sethi
(supra).
I have considered the submissions made at Bar and gone
through the judgment dated 13.03.2018 as well as the other
relevant documents available on record.
Admittedly, the deceased was 38 years of age at the time of
accident and she was discharged the functions of an unskilled
labour and at the time of accident, the minimum wages prescribed
for unskilled labour was Rs.189/- per day. So, her monthly wages
comes to Rs.5670/-, as per the Government notification issued by
the Department of Labour.
Further, the amount tot he extent of 40% towards future
prospects is required to be added in the light of the judgment of
Hon'ble Supreme Court in the case of Pranay Sethi (supra).
Thus, the award is recomputed as under:-
Annual income Rs. 5670/- x 12 = 68,040/-
Less 1/3rd towards personal Rs. 68,040/- - Rs. 22,680/-
expenses of deceased Rs. 45,360/-
Rs.6,80,400/-
Add 40% towards future Rs.6,80,400/- + Rs. 2,72,160/-
prospects = Rs. 9,52,560/-
Compensation awarded by Rs.6,00,000/-
the Tribunal towards loss of
income
Less amount awarded by the Rs.9,52,560/- - Rs. 6,00,000/-
Tribunal = Rs. 3,52,560/-
Enhanced amount of Rs. 3,52,560/-
compensation
(4 of 4) [CMA-3347/2018]
In view of the above, the appellants-claimants would be
entitled to get a further sum of Rs.3,52,560/-. Insurance company
is directed to pay an additional amount of Rs.3,52,560/- within a
period of two months from the date of receipt of certified copy of
this order. The enhanced amount shall carry 6% interest from the
date of filing of claim petition till the actual payment is made.
The learned Tribunal shall disburse Rs.50,000/- in the Joint
Saving Bank Account of the claimants and the balance amount of
the enhanced compensation be invested in any Nationalised Bank
for a period of three years and interest accrued on the deposit
shall be paid to the appellants-claimants on monthly basis.
Consequently, the appeal is disposed of.
All pending application(s) stand disposed of.
Record of the Tribunal be sent back forthwith.
(ANOOP KUMAR DHAND),J
HEENA GANDHI /60
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