Rajasthan High Court
Sahdev Singh S/O Shri Lumb Singh vs Anil Cheeta S/O Shri Deva Cheeta, R/O ... on 3 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:20603]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2988/2022
Sahdev Singh S/o Shri Lumb Singh, Aged About 58 Years, R/o
Dhosla Badiya Jagga, Jaliya First, Tehsil Beawar District Ajmer.
----Appellant
Versus
1. Anil Cheeta S/o Shri Deva Cheeta, R/o Cheeta Ka Badiya,
Ramawas, Beawar, District Ajmer. (Driver Of The
Motorcycle No. Rj-36-Sm-4886).
2. Vikram Singh S/o Shri Bhanwar Singh, R/o Ramawas,
Cheeta Ka Badiya, Jaliya First, Beawar District Ajmer.
(Owner Of The Motorcycle No. Rj-36-Sm-4886).
3. National Insurance Company Ltd., Jalwqal Sadan, College
Road, Having Its Regional Office At Lic Building,
Ambedkar Circle Bhawani Singh Road, Jaipur (Owner Of
The Motorcycle No. Rj-36-Sm-4886).
----Respondents
For Appellant(s) : Mr. Ravi Singh for Mr. J P Gupta
For Respondent(s) : Mr. Praveen Kumar Jain
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 03/05/2024
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
08.06.2022 passed by the Motor Accident Claims Tribunal No. 2
(Additional District and Sessions Judge) Beawar, Dist.-Ajmer (for
short 'the Tribunal') in Claim Case No.55/2019,(142/2018)
whereby the Tribunal has awarded a sum of Rs.93,110/- along
with interest @ 7.5% per annum from the date of filing the claim
petition as compensation in favour of the claimant.
[2024:RJ-JP:20603] (2 of 4) [CMA-2988/2022]
Learned counsel for the claimant submits that the Tribunal
has considered the income of the claimant on the basis of
minimum wages for unskilled labour i.e. Rs.213 per day but the
Tribunal awarded the compensation for 26 days, whereas it should
be for 30 days. Learned counsel for the claimant further submits
that the Tribunal while calculating the loss of income, has
considered 6% permanent disability of the claimant, whereas as
per permanent disability certificate(Exhibit-22), he suffered 12%
permanent disability. So, the judgment and award of the Tribunal
may be modified accordingly.
Learned counsel for the respondent-Insurance Company
has opposed the arguments advanced by the learned cousnel for
the claimant and submits that the Tribunal has rightly assessed
the income of the claimant Rs.213/- per day on the basis of
minimum wages prevailing at the relevant point of time for
unskilled labour. So, the present appeal does not require any
interference. So, the appeal filed by the claimant be dismissed.
I have considered the arguments advanced by learned
counsel for the claimant as well as learned counsel for the
respondent-Insurance Company.
It is an admitted position that the Tribunal has rightly
considered the income of the claimant on the basis of minimum
wages prevailing at the relevant point of time i.e. Rs.213/- per
day but the Tribunal has awarded minimum wages for 26 days
only, whereas it should be for 30 days. The Tribunal has
committed an error in assessing 6% permanent disability,
whereas, as per Permanent Disability Certificate (Ex. 22), the
[2024:RJ-JP:20603] (3 of 4) [CMA-2988/2022]
claimant suffered 12% permanent disability. So, the judgment of
the Tribunal is modified to the extent as under:-
Monthly income 213X30= Rs.6,390/-
Annual Income 6,390 X12= Rs.76,680/-
Loss of Income on account of 76,680X12%=Rs. 9,201.6/-
permanent disability i.e. 12%
According to the age of the 9,201.6 X11= Rs.1,01,217.6/-
deceased i.e. 55 years,
Multiplier 11 to be applied
Add 10% towards future 1,01,217.6+10,121.76=
prospects Rs.1,11,339.36/-
Medical Bills(+) Rs.2,932/-
Hospitalization Charges(+) Rs.2,000/-
Nursing Charges(+) Rs.2,000/-
Nutritional Diet(+)
Rs.10,000/-
For simple and grievous
injuries(+) Rs.6,000/-
For Transportation(+)
Rs.2,000/-
For physical and mental
agony(+) Rs. 20,000/-
Total
Rs.1,56,271.36/-
Less amount awarded by the
Tribunal Rs.93,112/-
Enhanced Amount of
compensation 1,56,271.36-93,112=
Rs.63,159.36/- Round
off=Rs.63,159/-
In view of the above, the claimant is entitled to get a further
sum of Rs.63,159/- as compensation. The Insurance Company is
directed to deposit enhanced amount of Rs.63,159/-
(1,56,271.36-93,112) with the Tribunal within a period of two
months from the date of receipt of certified copy of this order. On
[2024:RJ-JP:20603] (4 of 4) [CMA-2988/2022]
deposition of the said amount, the claimant shall be entitled to
withdrawn the same. The enhanced amount shall carry @ 7.5%
interest per annum from the date of filing of claim petition till the
actual payment is made.
Rest part of the impugned judgment shall remain
unchanged. Impugned judgment and award is modified
accordingly.
Consequently, the appeal is partly allowed.
Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Gourav/Tahir/167
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