Rajasthan High Court
Rajabai And Ors vs Iqbal Mohammad And Ors on 13 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:22327]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 5998/2017
1. Rajabai W/o Prahalad R/o Joonakheda Jajni, Police
Station Pagariya District Jhalawar Raj.
2. Urmila Kumari D/o Prahalad Minor Through Their Natural
Guardian Mother Rajabai W/o Prahalad Ji , R/o
Joonakheda Jajni, Police Station Pagariya District
Jhalawar Raj.
3. Vishal S/o Prahalad Minor Through Their Natural Guardian
Mother Rajabai W/o Prahalad Ji R/o Joonakheda Jajni,
Police Station Pagariya District Jhalawar Raj.
4. Sapna D/o Prahalad Minor Through Their Natural
Guardian Mother Rajabai W/o Prahalad Ji R/o
Joonakheda Jajni, Police Station Pagariya District
Jhalawar Raj.
5. Mangilal S/o Kanha Ji, R/o Joonakheda Jajni, Police
Station Pagariya District Jhalawar Raj.
6. Geeta Bai W/o Mangilal R/o Joonakheda Jajni, Police
Station Pagariya District Jhalawar Raj.
----Appellants
Versus
1. Iqbal Mohammad S/o Jassa Khan, R/o Surjagarh Tehsil
Degana District Nagaur Driver Dumper No. Rj-14-Cg-
6992
2. Ramesh Kumar S/o Unknown, R/o B-107, Flat No. 402
Apartment Udai Marg, Tilak Nagar, Jaipur Raj. Owner
Dumper No. Rj-14-Cg-6992
3. Ifco Tokiyo General Insurance Co. Ltd. 15, Anasagar
Road, Vaishali Nagar, Ajmer Insurance Company Of
Dumper No. Rj-14-Cg-6992
----Respondents
For Appellant(s) : Mr. Sameer Sharma
For Respondent(s) : Mr. Rajdeep Singh Rathore
Mr. Arjun Sharma for Mr. S.C. Mittal
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
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Judgment
DATE OF JUDGMENT :: 13/05/2024
The present appeal under Section 173 of the Motor Vehicle
Act, 1988 has been preferred by the appellants-claimants (for
short 'the claimants') dissatisfied with the judgment and award
dated 15.07.2017 passed by the Motor Accident Claims Tribunal,
Jhalawar (for short 'the Tribunal') in claim case No.75/2016
whereby the Tribunal has awarded a sum of Rs.9,29,000/- along
with interest @ 7% per annum from the date of filing the claim
petition in favour of the claimants.
The Tribunal on the basis of the pleading of the parties,
framed the issues and evaluated the evidence on record. After
hearing counsel for the parties, decided the claim petition of the
claimants and awarded the amount as indicated above.
Learned counsel for the claimants submits that the Tribunal
has wrongly assessed the income of the deceased as Rs. 5,122/-
per month. Learned counsel for the claimants further submits that
the deceased was a labour and was earning Rs. 10,000/- per
month. Learned counsel for the claimants further submits that the
Tribunal while calculating the income has awarded minimum
wages for 26 days only whereas it should be for 30 days. Learned
counsel for the claimants further submits that the Tribunal has not
awarded any amount towards future prospects whereas as per the
age of the deceased, claimants are entitled to get 40% of the
deceased's income towards future prospects. Learned counsel for
the claimants further submits that the Tribunal has awarded very
meager amount of Rs. 1,20,000/- towards loss of consortium and
love and affection whereas it should be Rs. 40,000/- per claimant.
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Learned counsel for the claimants further submits that the
Tribunal has not awarded any amount towards loss of estate. So,
judgment and award of the Tribunal be modified accordingly.
Learned counsel for the respondents have opposed the
arguments advanced by learned counsel for the claimants and
submitted that the Tribunal has rightly considered the income of
the deceased on the basis of minimum wages because the
claimants failed to adduce cogent evidence that the deceased was
earning Rs. 10,000/- per month. Learned counsel for the
respondents further submits that the deceased had no permanent
job, so claimants are not entitled to get any amount towards
future prospects. Learned counsel for the respondents further
submits that the amount of Rs. 25,000/- awarded by the Tribunal
under the head of funeral expenses is on the higher side and the
claimants are entitled to get a sum of Rs. 15,000/- only under this
head. Learned counsel for the respondents further submits that
the Tribunal has rightly awarded Rs. 1,20,000/- under the head of
loss of consortium and love and affection. So, the 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
respondents.
It is an admitted position that the claimants failed to adduce
cogent evidence that the deceased was earning Rs. 10,000/- per
month by doing labour work. So, in my opinion, the Tribunal has
rightly considered the income of the deceased on the basis of
minimum wages prevailing at the relevant point of time but the
Tribunal has awarded minimum wages for 26 days only whereas it
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should be for 30 days. The Tribunal has not awarded any amount
towards future prospects. As per the age of the deceased i.e. 30
years, claimants are entitled to get 40% of the deceased's income
towards future prospects. The Tribunal has awarded very meager
amount of Rs. 1,20,000/- towards loss of consortium and love and
affection whereas it should be Rs. 40,000/- per claimant. The
Tribunal has not awarded any amount towards loss of estate.
Claimants are entitled to get Rs. 15,000/- towards loss of estate
and Rs. 15,000/- towards funeral expenses. So, judgment and
award of the Tribunal is modified to the extent as under:-
Monthly income Rs.197 X 30 = Rs.5,910/-
Annual Income 5,910X12= Rs.70,920/-
1/4 is to be deducted for 70,920-17,730=53,190/-
personal expenses of the
deceased
According to the age of the 53,190X17= Rs.9,04,230/-
deceased i.e. 30 years,
Multiplier 17 to be applied
Add 40% towards future 9,04,230+3,61,692=
prospects Rs.12,65,922/-
Loss of consortium to claimant Rs.2,40,000/-
No.1 Rs.40,000/- and loss of
Love and Affection to the
claimant Nos.2 to 6 (40,000X
6=2,00,000/-)(+)
Funeral expenses (+)
15,000/-
Loss of Estate (+)
15,000/-
Total
Rs.15,35,922/-
Less amount awarded by the
Tribunal Rs.9,29,000/-
Enhanced Amount of
compensation 15,35,922-9,29,000=
Rs.6,06,922/-
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In view of the above, the claimants are entitled to get a
further sum of Rs.6,06,922/- as compensation. The enhanced
amount of Rs. 6,06,922/- (15,35,922-9,29,000) be deposited 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 @ 7% 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
Ritu/71
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