Rajasthan High Court - Jodhpur
Smt. Mirki And Ors vs Dasrath Singh And Ors ... on 14 December, 2023
[2023:RJ-JD:43831]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1070/2004
1. Smt. Mirki w/o Late Bhagwati Meena, Aged 24 years,
2. Sh. Babulal s/o Bhagwatilal Meena, Aged 05 years,
3. Sh. Shankerlal S/o Bhagwatilal Meena, Aged 03 years,
4. Sh. Prakesh S/o Bhagwatilal Meena, Aged 02 years,
5. Sh. Shanti S/o Bhagwatilal Meena, Aged 03 months,
Appellants no. 02-05 are minors through Guardian appellant
no.01,
6. Smt. Ganga w/o Dhulaji Meena, Aged 55 years, All resident
of Pipli "B", Tehsil Kherwada, District Udaipur.
----Appellants
Versus
1. Sh. Dasrath Singh s/o Raghunath Singh Rajpoot, Resident of
Gram Banewdi, P.S. Shree Nagar, District Ajmer.
2. Managing Director, Rajasthan Co-operative Dairy Federation
Limited, Jaipur. Branch Goverdhan Vilas, Udaipur.
3. The New India Insurance Company Limited, 3, Bapu Bazar,
Udaipur.
----Respondents
For Appellant(s) : Mr. Sandeep Sarupuria
For Respondent No.3 : Mr. Sunil A. Vyas
Insurance Co.
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
14/12/2023
1. The present appeal is filed challenging the award dated
27.03.2004 passed by the learned Judge, Motor Accident Claims
Tribunal, Salumbhar on the file of MAC Case No.309/2002,
wherein and whereby the claim of the appellants-claimants for
compensation was partly allowed granting the compensation of
Rs.2,71,800/- with interest.
[2023:RJ-JD:43831] (2 of 4) [CMA-1070/2004]
2. The present appeal is filed by the claimants. The contention
of learned counsel for the claimants is that the deceased is
survived by wife, mother and four sisters and according to him,
the appropriate deduction should be 1/4 and not 1/3 since the
dependents of the deceased are more than 4.
3. Learned counsel appearing for the Insurance Company has
submitted that sisters cannot be said to be dependents since they
have not entered into a witness box. There is no evidence whether
they are married or unmarried and it is also his contention that by
this time, they must have been married and they cannot be
treated as a dependent in permanent nature and any dependency
must have been for temporary.
4. Heard both the sides.
5. The contention of learned counsel for the Insurance
Company found to be appealing and the sisters have not entered
into a witness box. Be that as it may, the Tribunal below has
granted some compensation to them which this Court is not
disturbing. They must have been married now and the
dependency, if any, must have been a temporary dependency,
therefore, the 1/3 deduction is maintained.
6. A perusal of the award impugned, the undisputed facts are
that the deceased was of 25 years. He was a mining labour and
earning monthly income of Rs.1,800/-. The appropriate
compensation towards future prospects when the deceased is
aged 25 years and temporarily self employed is 40% of the actual
salary.
[2023:RJ-JD:43831] (3 of 4) [CMA-1070/2004]
7. The Tribunal applied multiplier of 17. The appropriate
multiplier for the person in the age group of 21-25 is 18 instead of
17.
8. The claimants are also entitled for enhancement of
compensation towards conventional heads. The Tribunal granted
Rs.2000/- for funeral expenses, which shall be Rs.15,000/-. The
compensation of Rs.15,000/- is granted for loss of estate, and
wife and mother of the deceased is entitled for Rs.40,000/-each
towards consortium.
9. Taking into account the above factors, the following amounts
are arrived at:
1. Annual income of the deceased (1800 x 12) 21,600
2. Added: future prospects (40%) 8,640
3. Total annual income of the deceased (21,600 30,240
+8640)
4. Deducted : towards personal expenses (1/3) 10,080
5. Annual amount of dependency (30,240-10,080) 20,160
7. Total amount of dependency (20,160 X 18) 3,62,880
8. Added : Consortium to all claimants (40,000 X 80,000
2)
9. Added : Loss of estate 15,000
Added : Funeral expenses 15,000
Total entitlement of the appellants 4,72,880
10. In the result, the appeal is partly allowed enhancing the
compensation from Rs.2,71,800/- to Rs.4,72,880/-. The enhanced
compensation shall be paid with interest @7.5% per annum from
the date of filing the petition till the date of deposition. The
[2023:RJ-JD:43831] (4 of 4) [CMA-1070/2004]
amount shall be deposited within two months from the date of this
judgment.
(MUNNURI LAXMAN),J
6-AnilKC/NK
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