Smt. Anju Meena W/O Late Shri ... vs United India Insurance Company ...
2022 Latest Caselaw 4656 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 1462/2022

1.     Smt. Anju Meena W/o Late Shri Dinesh Kumar Meena,
       Aged About 32 Years,
2.     Punit Kumar Meena S/o Late Shri Dinesh Kumar Meena,
       Aged About 13 Years,
3.     Kapil Kumar Meena S/o Late Shri Dinesh Kumar Meena,
       Aged About 7 Years,
       Appellant Nos. 2 and 3 are minor Through Natural
       Guardian Mother Smt. Anju Meena W/o Late Shri Dinesh
       Kumar Meena, Aged 32 Years,
4.     Smt. Pana Devi W/o Late Makhanlal, Aged About 67
       Years, R/o Ward No. 1, Abhaypura Road, Palsana, Tehsil
       Dantaramgarh, District, Sikar (Raj.).
                                                                 ----Appellants
                                  Versus
1.     United India Insurance Company Ltd., Through Manager
       Branch Office Jaipur Road Devipura Sikar
       (Insurance Company Vehicle Truck Registration No. R.J.
       31 G.A. 0337).
2.     Shankarlal S/o Shri Shukharam, Aged About 50 Years,
       R/o Dhani Andakawali Ward No. 03, Ringus District Sikar.
       (Vehicle Owner Vehicle Truck Registration No. R.J. 31 G.A.
       0337).
3.     Mahendra Singh S/o Shri Richpal Singh, Aged About 45
       Years, R/o Malikpur Police Station Shrimadhopur District
       Sikar. (Vehicle Driver Vehicle Truck Registration No. R.J.
       31. G.A. 0337).
                                                               ----Respondents

For Appellant(s) : Mr. Akshat Choudhary, Advocate

HON'BLE MR. JUSTICE PRAKASH GUPTA

Judgment

08/07/2022

(2 of 3) [CMA-1462/2022]

This Civil Misc. Appeal has been flied by the appellants-

claimants (for short, 'the claimants') against the judgment dated

5.5.2022 passed by the Motor Accident Claims Tribunal,

Shrimadhopur, District Sikar (for short, 'the Tribunal'), whereby

the Tribunal has awarded a sum of Rs. 51,17,175/- as

compensation in their favour.

Learned counsel for the claimants submits that the

amount of compensation awarded by the Tribunal is abysmally

low. He further submits that income tax has not been deducted

from the gross income of the deceased. He further submits that

the amount of compensation awarded under the head of loss of

consortium is also at lower side. Hence, the impugned judgment

and award needs to be modified.

Heard. Considered.

From a perusal of the material on record, it is clear that

the deceased Dinesh Kumar Meena was said to be working as

Technical Helper in the office of Assistant Engineer and his gross

monthly income was Rs. 24,945/- as per salary slips (Ex.17 & 18)

i.e. Rs. 2,99,340/- p.a and at the time of accident i.e. on

9.12.2016, the deceased was 38 years of age.

According to the Income Tax Slabs prevalent in the year

2016-17, income to the extent of Rs. 2,50,000/- p.a. was non-

taxable. After adding deductions, the non taxable income of the

deceased was Rs. 2,88,340/- (Rs. 2,50,000/- + Rs. 38,340/-).

After deducting total non taxable income i.e. Rs. 2,88,340/- from

of the gross income of the deceased i.e. Rs. 2,99,340/-, the

taxable amount was Rs. 11,000/-, for which 10% income tax was

payable. Thus, Rs. 1100/- was assessed as income tax, but the

(3 of 3) [CMA-1462/2022]

same being exempted under Section 87A of the Income Tax Act,

no income tax was payable.

In view of the judgment of the Hon'ble Apex Court in

National Insurance Company Limited Va. Pranay Sethi &

Ors. reported in AIR 2017 SC 5157, 50% of the income was

added towards future prospects of the deceased. Since the

deceased was about 38 years of age at the time of accident, the

Tribunal applied the multiplier of 15 and there being 4 dependents

of the deceased, rightly deduced 1/4 amount towards the personal

expenses of the deceased.

In addition to the above, in the light of the judgment

passed by the Hon'ble Apex Court in the case of Pranay Sethi

(supra), the claimants would be entitled to receive Rs. 70,000/-

towards conventional heads, whereas the Tribunal has already

awarded Rs. 72,000/- under this head and passed an award of Rs.

51,17,175/- in favour of the claimants.

For the aforesaid reasons, I find no force in this appeal

and the same being devoid of any merit, deserves to be

dismissed, which stands dismissed accordingly.

(PRAKASH GUPTA),J

DK/21

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