Rajasthan High Court
Mohandai W/O Shri Chiddi Singh vs Ramniwas S/O Shri Maharaj Singh on 21 March, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:14114]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3755/2018
Mohandai W/o Shri Chiddi Singh, Aged About 51 Years, R/o
Village Nagla Mai, Thana Nadbai, District Bharatpur.
----Appellant
Versus
1. Ramniwas S/o Shri Maharaj Singh, Aged About 38 Years,
R/o Tyohari Thana Weir District Bharatpur (Raj.) (Owner
Of Vehicle Marshal No. Rj05/c-2604)
2. Manggu Singh S/o Shri Kishanlal, Aged About 38 Years,
R/o Tyohari Thana Weir District Bharatpur (Raj.) (Driver
Of Vehicle Marshal No. Rj05/c-2604)
3. United India Insurance Company Ltd., Through Branch
Manager, United India Insurance Company Ltd., Branch
Office Exibition Road Kumher Gate Bharatpur (Insurer).
----Respondents
For Appellant(s) : Mr. J. K. Moolchandani, Adv.
For Respondent(s) : Mr. Rishipal Agarwal, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 21/03/2024
The present appeal under Section 173 of the Motor Vehicles
Act, 1988 has been preferred by the claimant-appellant (for short
'the claimant') dissatisfied with the judgment and award dated
10.04.2018 passed by the Motor Accident Claims Tribunal,
Bharatpur (for short 'the Tribunal') in Claim Case No.937/2016,
whereby the Tribunal has awarded a sum of Rs.1,11,179/- as
compensation along with interest @ 6% per annum from the date
of filing the claim petition and in the event payment is not made
within three months from the date of judgment, the amount of
[2024:RJ-JP:14114] (2 of 4) [CMA-3755/2018]
compensation shall carry interest @ 9% per annum in favour of
the claimant.
Learned counsel for the claimant submits that the Tribunal
wrongly considered the disability of the claimant as 15%, whereas
as per the disability certificate (Ex.14), the claimant sustained
25.92% permanent disability. So, disability of the claimant should
be considered as 25.92%. Learned counsel for the claimant also
submits that the Tribunal wrongly considered the income of the
claimant as Rs.4316/-, whereas it should be on the basis of
minimum wages prevalent at the relevant point of time i.e.
Rs.197/- per day. Thus, the income of the claimant comes to
Rs.5910/- per month. Learned counsel for the claimant also
submits that the Tribunal had not awarded any amount towards
future prospects, whereas as per the age of the claimant i.e. 48
years, it should be 25% of the claimant's income. So, judgment
and award of the Tribunal be modified accordingly.
Learned counsel for the Insurance Company has opposed the
arguments advanced by learned counsel for the claimant and
submitted that the Tribunal rightly considered the income of the
claimant and rightly disallowed the future prospects. So, appeal be
dismissed.
I have considered the arguments advanced by learned
counsel for the claimant as well as learned counsel for the
Insurance Company.
It is an admitted position that the Tribunal erred in
considering the income of the claimant as Rs.4316/-, whereas it
should be Rs.197/- per day on the basis of minimum wages
prevalent at the relevant point of time. Since, the claimant did not
[2024:RJ-JP:14114] (3 of 4) [CMA-3755/2018]
produce any evidence that the disability suffered by him was in
relation to whole body, the Tribunal rightly considered the
disability of the claimant as 15% but the Tribunal had not awarded
any amount towards future prospects. As per the age of the
claimant, claimant is entitled to get 25% of her income as future
prospects. So, the judgment of the Tribunal is modified to the
extent as under:-
Monthly income 197 X 30 = 5910/-
Annual Income Rs.5910 X 12=70,920/-
According to the age of the 70,920 X 13 =9,21,960/-
claimant between 48 years,
Multiplier of 13 shall be applied
Loss of Income viz-a-viz 15% 9,21,960 X 15% =1,38,294/-
permanent disability
Future Prospects 1,38,294 X 25% =34,573.5/-
(25% of the claimant's income) (round off 34574/-)
Medical Bills
Rs.235/-
Amount of Transportation,
treatment and nutritional diet Rs.10,000/-
Total
Rs.1,83,103/-
Less amount awarded by the
Tribunal Rs.1,11,179/-
Enhanced Amount of
compensation Rs.1,83,103 - Rs.1,11,179 =
Rs. 71,924/-
The claimant is entitled to get a further sum of Rs.71,924/-
as compensation. The Insurance Company is directed to deposit
enhanced amount of Rs.71,924/- (Rs.1,83,103 - Rs.1,11,179)
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 claimant shall be entitled to withdraw the same. The
[2024:RJ-JP:14114] (4 of 4) [CMA-3755/2018]
enhanced amount shall carry @ 6% interest per annum from the
date of filing of claim petition till the actual payment is made.
In the result, appeal filed by the claimant 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
Jatin /Tahir/29
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