Rajasthan High Court - Jodhpur
Shri Narayan vs Shri Keshar Singh ... on 17 October, 2023
Bench: Madan Gopal Vyas
[2023:RJ-JD:35582]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 650/2002
Shri Narayan
----Appellant
Versus
Shri Keshar Singh
----Respondent
For Appellant(s) : Mr. Parikshit Nayak
For Respondent(s) : Mr. TRS Sodha
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
17/10/2023
The instant civil miscellaneous appeal under Section 173,
Motor Vehicles Act is directed against the judgment and award
dated 20.03.2002 passed by the learned Motor Accident Claims
Tribunal, Banswara (hereinafter referred to as the learned
Tribunal) in Claim Case no. 124/1998 whereby the claim
application filed by the claimant-appellant under Section 166 of
the Motor Vehicles Act (for short hereinafter called; "MV Act") was
allowed in part and compensation to the tune of Rs. 1,25,000/-
with interest @ 9% per annum was granted.
2. Briefly stated, the facts giving rise to the present appeal are
that on 15.04.1998, the deceased Raoji who was employed as a
labor on Truck bearing no. RJ-03/G-0421, was going from
Lalapura to Muliya in the aforementioned truck to unload soil at
Muliya. The driver of the truck stopped the truck at Khutadiya and
when the deceased Raoji was filling water in the radiator, suddenly
[2023:RJ-JD:35582] (2 of 4) [CMA-650/2002]
the truck driver started the truck. The deceased fell down and was
crushed under the tyre due to which he suffered injuries and
ultimately, died. A claim application was filed by the claimant
which was partly allowed by the learned Tribunal and a
compensation of Rs. 1,25,000/- was awarded to claimant.
Aggrieved by the said award, the claimant has preferred the
present appeal.
3. Learned counsel for the appellant-claimant submits that the
learned Tribunal has grossly erred in awarding a meager
compensation of Rs. 1,25,000/-. It is further submitted that the
learned Tribunal has failed to consider the evidence available on
record. It is submitted that the minimum wage income of unskilled
labor is to be calculated at Rs. 1144/-. Thus, the finding of
Tribunal in assessing the income of deceased is not correct which
has resulted into awarding of low compensation. Lastly, it was
prayed that the compensation may be enhanced suitably.
4. Learned counsel for the respondent-Insurance Company
submits that the judgment and award passed by the learned
Tribunal is well reasoned and calls for no interference.
5. Heard learned counsel for the parties and perused the
material available on record.
6. I have gone through the judgment of learned Tribunal. As
per the impugned judgment, the loss of dependency to the
claimant is assessed at Rs. 600/- per month. Thus, compensation
towards loss of dependency after using appropriate multiplier is
[2023:RJ-JD:35582] (3 of 4) [CMA-650/2002]
assessed at Rs. 1,15,000/-. Further, Rs. 10,000/- have been
awarded towards loss of love and affection. However, no amount
under the head of loss of consortium has been granted. Further,
the minimum wage has wrongly been assessed by the learned
Tribunal. Thus, this Court finds it proper to enhance the amount of
compensation.
7. The enhanced amount of compensation is as represented in
the tabular form below:
Total
Annual income of the Rs.1144x12+40 Rs.1,53,000/-
deceased + (40%) increase in %x16-1/2
income + 16 multiplier - =Rs. 800x12x16
deduction (one half of the
income) (A)
Loss of consortium (B) Rs. 40,000/-
Total compensation awardable Rs.1,93,600/-
(C=A+B)
Compensation already Rs.1,25,000/-
awarded (D)
Remaining Amount (E=C-D) Rs. 68,600/-
8. Consequently, the present appeal is allowed. The impugned
judgment and award dated 20.03.2002 passed by the learned
Tribunal is modified and the appellants claimants are held entitled
to enhanced compensation of Rs. 68,600/- at the rate of 6%
simple interest from the date of filing of claim petition.
9. All the interlocutory applications, as well as the stay
application, if any stands disposed accordingly.
[2023:RJ-JD:35582] (4 of 4) [CMA-650/2002]
10. No order as to costs.
(MADAN GOPAL VYAS),J
11-CPG/-
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