Rajasthan High Court
Smt. Badam Devi W/O Late Shri Badri Jat ... vs Gopal Lal S/O Shri Harchand on 2 April, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:15193]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2549/2019
1. Smt. Badam Devi W/o Late Shri Badri Jat (Deceased
Wife), Aged About 43 Years, Resident Of Puniyo Ki Dhani,
Gopalnagar, Tan Ladana, Tehsil Phagi, District Jaipur
2. Ramjilal S/o Late Shri Badri Lal (Deceased Son), Aged
About 17 Years, (Appellant No. 2 Is Minor Through His
Natural Guardian And Mother Smt. Badam Devi) Resident
Of Puniyo Ki Dhani, Gopalnagar, Tan Ladana, Tehsil Phagi,
District Jaipur
----Appellants
Versus
1. Gopal Lal S/o Shri Harchand, Aged About 52 Years,
Resident Of Village Mavshiya, Police Station Nasirabad,
District Ajmer (Rajasthan) (Driver Of Vehicle Bus No. Rj-
01-Pa-0273)
2. Rajasthan State Roadways Transport Corporation Ltd.,
Ajaymeru Depot, Ajmer Mel Service, Through Manager
Shri Subhrati Khan S/o Shri Gulab Khan, Aged 64 Years,
Resident Of Bagru, At Present Manager Ajaymeru Aagar,
Ajmer (Registered Owner Of Vehicle Bus No. Rj-01-Pa-
0273)
----Respondents
For Appellant(s) : Mr. B C Rawat
For Respondent(s) : Ms. Shruti Dixit
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 02/04/2024
The present appeal under Section 173 of the Motor Vehicles
Act, 1988 has been preferred by the claimants-appellants (for
short 'the claimants') disatisfied with the judgment and award
dated 03.11.2018 passed by the Motor Accident Claims Tribunal
Dudu, Jaipur (for short 'the Tribunal') in Claim Case No.316/2018,
[2024:RJ-JP:15193] (2 of 4) [CMA-2549/2019]
(205/2013) titled as Smt. Badami Devi and Ors. versus Gopal Lal
and Anr. whereby the Tribunal has awarded a sum of
Rs.6,37,000/- along with interest @ 6% per annum from the date
of filing the claim petition as compensation in favour of the
claimants.
Learned counsel for the claimants submits that the Tribunal
had erred in assessing the income of the deceased as Rs. 4,500/-
per month. As per statement of claimants, deceased was getting
salary of Rs.12,000/- per month by working as Sub contractor in
M/s Ghosalya Construction Company Nasirabad. The said
statement was uncontroverted during the trial, so, income of the
deceased be calculated as Rs. 12,000/- per month. Learned
counsel for the claimants also submits that Tribunal wrongly
deducted 1/2th amount towards personal expenses of deceased.
Deceased was a married man and having two dependants. So,
deduction towards the personal expenses should be 1/3rd instead
of 1/2th. Learned counsel for the claimants also submits that the
Tribunal has awarded only Rs. 40,000/- towards loss of consortium
and love and affection, whereas it should be Rs.40,000/- for each
claimant. So, judgment and award of the Tribunal be modified
accordingly.
Learned counsel for the RSRTC has opposed the arguments
advanced by learned counsel for the claimants and submitted that
the claimants failed to adduce any cogent evidence that the
deceased was earning Rs.12,000/- per month. So, the Tribunal
rightly calculated the income of the deceased as Rs.4500/-. The
Tribunal rightly deducted 1/2th amount towards personal
expenses of the deceased. So, appeal be dismissed.
[2024:RJ-JP:15193] (3 of 4) [CMA-2549/2019]
I have considered the arguments advanced by learned
counsel for the claimants as well as learned counsel for the
RSRTC.
It is an admitted position that the claimants failed to adduce
any cogent evidence that the deceased was getting Rs.12,000/-
per month as salary by working as Sub contractor in M/s Ghosalya
Construction Company Nasirabad. At the relevant point of time,
minimum wages for an unskilled labour were Rs. 166/- per day,
which comes to Rs. 4980/- per month. In my considered opinion,
the tribunal had committed an error in assessing the income of
the deceased as Rs. 4,500/-. The Tribunal has wrongly deducted
1/2th amount towards the personal expenses of the deceased. As
per the dependency and marital status of the deceased, deduction
towards the personal expenses should be 1/3rd. The Tribunal had
wrongly awarded lump sum amount of Rs. 40,000/- towards loss
of consortium and love and affection, whereas it should be
Rs.40,000/- for each claimant. So, judgment and award of the
Tribunal is modified to the extent as under:-
Monthly income 166X30=Rs. 4980/-
Annual income 4980X12=Rs.59,760/-
Since the deceased was 39 years 59,760X15=Rs.8,96,400/-
of age, multiplier of 15 should be
applied
Less 1/3rd deduction(-) 8,96,400X1/3=Rs.2,98,800/-
(8,96,400-2,98,800=Rs.
5,97,600/-)
Future prospects 5,97,600X40%=Rs.2,39,040/-
5,97,600+2,39,040=Rs.
8,36,640/-
Loss of consortium and love and Rs. 80,000/-
affection(40,000X2)
Loss of Estate(+)
Rs. 15,000/-
[2024:RJ-JP:15193] (4 of 4) [CMA-2549/2019]
Funeral expenses(+)
Rs. 15,000/-
Total
Rs.9,46,640/-
Awarded amount
Rs.6,37,000/-
Enhanced Amount
Rs.9,46,640 -Rs.6,37,000=
Rs. 3,09,640/-
In view of the above, the claimants are entitled to get a
further sum of Rs. 3,09,640/- as compensation. RSRTC is directed
to deposit enhanced amount of Rs. 3,09,640/- (Rs.9,46,640-
Rs.6,37,000/-) with the Tribunal within a period of two months
from the date of receipt of certified copy of this order. On
deposition of the said amount, the claimants shall be entitled to
withdraw the same. The enhanced amount shall carry 6% interest
from the date of filing of claim petition till the actual payment is
made.
Rest part of the impugned judgment shall remain
unchanged.
Consequently, the appeal is partly allowed.
Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Tahir/107
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