Rajasthan High Court
Akhayram S/O Shri Beegharam vs Chief Manager, Rajasthan State Road ... on 8 April, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:16401]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 249/2023
1. Akhayram S/o Shri Beegharam, Aged About 54 Years, R/o
Nagla Bakta, Police Station Nadbai, District Bharatpur
(Raj.).
2. Kunwardayal S/o Shri Akhayram, Aged About 35 Years,
R/o Nagla Bakta, Police Station Nadbai, District Bharatpur
(Raj.).
3. Narayan Singh S/o Shri Akhayram, Aged About 33 Years,
R/o Nagla Bakta, Police Station Nadbai, District Bharatpur
(Raj.).
4. Munshilal S/o Shri Akhayram (Since Deceaesed), R/o
Nagla Bakta, Police Station Nadbai, District Bharatpur
(Raj.).
5. Sundar Singh S/o Shri Akhayram, Aged About 29 Years,
R/o Nagla Bakta, Police Station Nadbai, District Bharatpur
(Raj.).
----Appellants
Versus
1. Chief Manager, Rajasthan State Road Transport
Corporation, Lohagarh Depot, Bharatpur (Raj.) (Owner Of
Bus No. Rj-05-Pa-2569)
2. Bhagiram S/o Shri Veerisingh, R/o Biloth, Police Station
Nadbai, District Bharatpur (Raj.) (Driver Of Bus No. Rj-
05-Pa-2569)
----Respondents
For Appellant(s) : Mr. Navankur Dubey
For Respondent(s) : Mr. Manvendra Singh
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 08/04/2024
The present appeal under Section 173 of the Motor Vehicles
Act, 1988 has been preferred by the claimants-appellants (for
[2024:RJ-JP:16401] (2 of 4) [CMA-249/2023]
short 'the claimants') dissatisfied with the judgment and award
dated 11.10.2022 passed by the Motor Accident Claims Tribunal
Bharatpur (for short 'the Tribunal') in MAC No.58/2018, whereby
the Tribunal has awarded a sum of Rs.8,57,176/- 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 committed error in considering the income of the deceased as
Rs. 5,382/- per month. Learned counsel for the claimants submits
that the deceased was earning Rs. 15,000/- per month by
Agricultural, Animal Husbandry and Household work. So, the
income of the deceased be calculated as Rs. 15,000/- per month.
Alternatively, learned counsel for the claimants further submits
that the Tribunal has wrongly considered the income of the
deceased for 26 days only, whereas it should be for 30 days.
Learned counsel for the claimants further submits that the
Tribunal has awarded a very meagre 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, the
judgment and award of the Tribunal may be modified.
Learned counsel for the RSRTC has opposed the arguments
advanced by learned counsel for the claimants submitted that the
Tribunal has rightly assessed the income of the deceased as
Rs.5382/- per month because the claimants failed to adduce any
cogent evidence that he was earning Rs.15,000/- per month.
Learned counsel for the RSRTC further submits that the Tribunal
has rightly awarded the amount of Rs. 40,000/- under the head of
[2024:RJ-JP:16401] (3 of 4) [CMA-249/2023]
loss of consortium and love and affection. So, appeal filed by the
claimants be dismissed.
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 claimant failed to adduce
any cogent evidence that he was earning Rs.15,000/- per month.
So, the Tribunal has rightly calculated the income of the deceased
on the basis of minimum wages prevailed at the relevant point of
time i.e. Rs.207/- per day but the Tribunal has wrongly considered
the income of the deceased for 26 days only, whereas it should be
for 30 days. The Tribunal has awarded a very meagre 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,
the judgment of the Tribunal is modified to the extent as under:-
Monthly income 207X30= Rs.6,210/-
Annual Income 6,210 X12= Rs.74,520/-
The deceased was considered to 74,520X13= Rs.9,68,760/-
be between the age bracket of
46-50 by the Tribunal, so
Multiplier of 13 to be applied
Add 25% towards future 9,68,760+2,42,190=
prospects(+) Rs.12,10,950/-
Munshilal died during the 12,10,950-3,02,737.5=
pendency of the claim petition
Rs. 9,08,212.5(round off
and now there are 4 claimants
so, 1/4 income to be deducted
Rs.9,08,213/-
for personal expenses of the
deceased(-)
Loss of Consortium to claimant
No.1 (Rs.40,000/-) & loss of Rs.1,60,000/-
Love & Affection to claimant
Nos.2, 3 and 5 (Rs.40,000X3)
(+)
[2024:RJ-JP:16401] (4 of 4) [CMA-249/2023]
Funeral expenses(+)
Rs. 15,000/-
Loss of Estate(+)
Rs. 15,000/-
Total
Rs.10,98,213/-
Awarded amount
Rs.8,57,176 /-
Enhanced Amount
10,98,213-8,57,176=
Rs.2,41,037 /-
In view of the above, the claimants are entitled to get a
further sum of Rs. 2,41,037/- as compensation. The RSRTC is
directed to deposit enhanced amount of Rs.2,41,037/- 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 withdrawn the same. The enhanced
amount shall carry 6% interest from the date of filing of claim
petition till the actual payment is made.
Consequently, the appeal is partly allowed.
Rest part of the impugned judgment shall remain
unchanged. Impugned judgment and award is modified
accordingly.
Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Tahir/241
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