Rajasthan High Court
Smt. Mamta Soni Wife Of Shri Raj Kumar ... vs Brajesh Kumar Son Of Shri Vishambhar ... on 1 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:20306]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 813/2022
Smt. Mamta Soni Wife Of Shri Raj Kumar Soni, Aged About 41
Years, Resident Of House No. 121, Santosh Sagar Colony,
Brahmpuri, Jaipur.
----Appellant
Versus
1. Brajesh Kumar Son Of Shri Vishambhar Dayal Sharma,
Resident Of Village Maniya, Dholpur (Raj.) (Driver Bus No.
Up-83-Bt-1735).
2. Kailash Chandra Sharma Son Of Shri Bholaram, Resident
Of Mohan Colony, Dholpur (Owner Bus No. Up-83-Bt-
1735).
3. The United India Insurance Company Limited, Regional
Office, Vishal Chamber, Tonk Road, Jaipur (Raj.) Through
Regional Manager. (Insurance Company Bus No. Up-83-
Bt-1735).
----Respondents
For Appellant(s) : Mr. Sandeep Mathur, Adv.
For Respondent(s) : Mr. Vimal Kumar Yadav, Adv. for
Mr. Rishipal Agarwal, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 01/05/2024
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
17.12.2021 passed by the Motor Accident Claims Tribunal No.1,
Jaipur Metropolitan-II, Jaipur (for short 'The Tribunal') in MAC
Case No.207/2018, whereby the Tribunal has awarded a sum of
Rs.5,16,622/- along with interest @ 7% per annum from the date
[2024:RJ-JP:20306] (2 of 4) [CMA-813/2022]
of filing the claim petition as compensation in favour of the
claimant.
Learned counsel for the claimant submits that Tribunal had
wrongly considered the income of the claimant as Rs.5,540/- per
month. The claimant was doing "Kundan Meena" work and earning
of Rs.30,000/- per month. So, the income of the claimant be
calculated as Rs.30,000/- per month. Learned counsel for the
claimant also submits that the Tribunal has wrongly considered the
income of the claimant for 26 days only, whereas it should be for
30 days. Learned counsel for the claimant further submits that
Tribunal had wrongly considered the disability certificate of the
claimant as 18%. As per disability certificate (Exhibit-1), the
claimant suffered disability of 38.83%. So, the judgment and
award of the Tribunal may be modified accordingly.
Learned counsel for the Insurance Company has opposed the
arguments advanced by learned counsel for the claimant and
submits that the claimant failed to adduce any cogent evidence
that claimant was earning Rs.30,000/- per month. So, the Tribunal
had rightly assessed the income of the claimant as Rs.5,540/- per
month and rightly considered the disability of 18%. So, the
present appeal being devoid of merit, is liable to 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 claimant failed to adduce
any cogent evidence that claimant was earning Rs.30,000/- per
[2024:RJ-JP:20306] (3 of 4) [CMA-813/2022]
month. So, in my considered opinion, the Tribunal has rightly
considered the income of the claimant on the basis of minimum
wages prevalent at the relevant point of time i.e., Rs.213/- per
day but the Tribunal has wrongly considered the income of the
claimant for 26 days only, whereas it should be for 30 days. The
Tribunal has also committed error in assessing the disability of the
claimant as 18%. As per disability certificate (Exhibit-1), the
claimant suffered disability of 38.83%. So, the claimant is entitled
to get compensation of disability of 38.83%. So, the judgment of
the Tribunal is modified to the extent as under:-
Monthly Income Rs.213X30=6390/-
Annual Income Rs.6390X 12=76,680/-
According to the age of the Rs.76,680X 15=11,50,200/-
deceased i.e. 38 years,
multiplier 15 to be applied
Loss of income viz-a-viz Rs.11,50,200/- X
38.83% permanent disability 38.83%=4,46,622.6/-
suffered by the claimant (Round off Rs.4,46,623/-)
Add 40% towards future Rs.4,46,623/-X40%=1,78,649.2/-
prospects (+) (Round off Rs.1,78,649/-)
(Rs.4,46,623 +1,78,649/-
=6,25,272/-)
For Hospitalization charges Rs.4,000/-
(500X8 days)
Medical Bills Rs.2,16,328/-
For, Suffering, Pain, Mental Rs.30,000/-
and Physical Agony
Nutritional Diet Rs.15,000/-
Total Rs.8,90,600/-
Less Awarded Amount Rs.5,16,622/-
Enhanced Amount Rs. 8,90,600 - Rs. 5,16,622 =
Rs.3,73,978/-
[2024:RJ-JP:20306] (4 of 4) [CMA-813/2022]
The claimant is entitled to get a further sum of Rs.3,73,978/-
as compensation. The Insurance Company is directed to deposit
enhanced amount of Rs.3,73,978/- (Rs. 8,90,600 - Rs. 5,16,622)
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 withdrawn the same. The
enhanced amount shall carry 7% 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
AVINASH GULERIA /245
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