Rajasthan High Court
Pratap Singh S/O Ram Swaroop vs Dilip Singh S/O Birbal on 21 July, 2022
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 4458/2019
1. Pratap Singh S/o Ram Swaroop, Aged About 39 Years,
2. Phoola Devi W/o Pratap Singh, Aged About 37 Years,
Both R/o Kaluka, Tehsil Thana Mundawar, District Alwar
(Raj)
----Appellants/Claimants
Versus
1. Dilip Singh S/o Birbal, R/o Riwali, Tehsil And Thana
Behrod, District Alwar (Raj)
(Driver Vehicle No. RJ-32-FA-0016)
2. Beem Global Spirit and Wine India Private Limited,
Through Manager/Member Owner Vehicle K.C. Sadari S/o
P.S. Krishnan, Head Office 14, A.S. 3 Level International
Trade Power, Nehru Palace, Delhi 110019 At Present Plot
Office Near Sabi River, Village Karoda Thana Behroad,
District Alwar (Raj) (Owner Vehicle No. RJ-32-FA-0016)
3. Future General India Insurance Company Limited Through
Chief Manager/manager, Branch Office Manager, Office M.
10, Deep Sons Building N.D.S.E. Part Second Floor, New
Delhi (Insurer Vehicle No. RJ-32-FA-0016)
----Respondents
For Appellant(s) : Mr. Deepak Goyal, Advocate
HON'BLE MR. JUSTICE PRAKASH GUPTA
Order
21/07/2022
Application under Section 5 of the Limitation Act is
allowed for the reasons mentioned therein and the delay of 46
days in filing the appeal is condoned.
(2 of 3) [CMA-4458/2019]
With the consent of learned counsel for the appellants-
claimants (for short, 'the claimants'), the arguments have been
heard and the appeal is being decided finally at this stage.
This appeal has been filed by the claimants against the
judgment dated 13.3.2019 passed by the Motor Accident Claims
Tribunal, Mundawar (for short, 'the Tribunal') in M.A.C. No.
78/2018 (18/2010), whereby the claim petition filed by the
claimants has been partly allowed and a sum of Rs. 4,92,665/-
has been awarded in their favour alongwith interest @ 7.5% p.a.
from the date of filing the claim petition.
Learned counsel for the claimants submits that the
learned Tribunal has not assessed the income of the deceased
properly. The amount awarded under conventional heads is also
on lower side. Hence, the impugned judgment needs to be
modified and the amount of compensation is required to be
enhanced.
Heard. Considered.
From a perusal of the material on record, it is noticed
that the alleged accident took place on 31.12.2009 at about
11.00-12.00 AM when deceased Jaipal, son of claimants was
returning to his village Kaluka. Although it was averred by the
claimants that the deceased was earning Rs. 10,000/- per month
by driving the vehicles, but no documents were produced by them
in this regard. In this view of of the matter, the Tribunal assessed
the income of the deceased to the tune of Rs. 3000/- per month
i.e. Rs. 36,000/- per annum.
Since the deceased was an unmarried boy, the Tribunal
deducted his 1/2 income towards the personal expenses of the
deceased. Thus, the claimant's loss of income comes to Rs.
(3 of 3) [CMA-4458/2019]
18,000/- p.a. Since the age of the deceased was 20 years, the
multiplier of 18 is applied to work out the compensation. Thus, the
amount comes to Rs. 3,24,000/-.
As the deceased was self employed, therefore, 40% of
the income is to be added towards future prospects. Thus, the
amount comes to Rs. 4,53,600/- (Rs. 3,24,000 + 40%).
The claimants are further entitled to get Rs. 30,000/-
towards conventional heads. The medical bills amounting to Rs.
9065/- as awarded by the Tribunal is maintained. Thus, the
amount receivable by the claimants is Rs. 4,92,665/-, which has
already been awarded by the Tribunal as a just compensation.
For the aforesaid reasons, I find no force in this appeal
and the same being bereft of any merit is liable to be dismissed,
which stands dismissed accordingly.
(PRAKASH GUPTA),J
DK/15
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