Research › Browse › Judgment

Rajasthan High Court · body

1997 DIGILAW 1396 (RAJ)

Sunita Gupta v. Bhairu Lal

1997-11-24

D.C.DALELA

body1997
JUDGMENT 1. - This is a claimants' appeal for the enhancement of the amount of compensation, awarded by the learned Motor Accident Claims Tribunal, Jaipur, by its award dated 26.4.1994. 2. The learned Tribunal has held the age of the deceased at the time of the accident, to be 28 years. According to the Second Schedule of the Motor Vehicles Act, 1988, the multiplier at this age, should be 18. In the year immediately preceding the date of the accident, the total income of the deceased, as per the Income-Tax Return for the year 1988-89, was Rs. 34,140/-. 3. A perusal of the award of the learned Tribunal, shows that the Income-Tax assessment-orders for the years 1986-87, 1987-88 & 1988-89 were filed before the learned Tribunal. From their perusal, it is clear that the income of the deceased was steadily increasing every year. 4. While estimating the value of loss of dependency, future advancement in career and increase in earning, cannot be lost sight of. It would be unreasonable to estimate the loss of dependency on the present income of the deceased. Having regard to the future prospect and increase in the earning, a higher estimate of income should be made. In the case of G.M., K.S.R.T.C. v. S. Susamma Thomas, 1994 ACJ 1 (SC) , Hon'ble the Supreme Court has estimated a higher sum as the gross income of the deceased, after taking into account the future advancement in career. 5. In my opinion, having regard to the future prospects and increase in the earning, 50 per cent should be added to the income of the deceased for the year 1988-89, which would come to Rs. 34,140+Rs. 17,070/- = Rs. 51,210/-. The gross income of the deceased, is, therefore, taken to be Rs. 51,210/-. Deducting one-third therefrom on account of personal expenses of the deceased himself, the total value of dependency comes to Rs. 34,140/-. With reference to multiplier 18, the total loss of dependency would be Rs. 34,140/- x 18 = 6, 14, 520/- To this, Rs. 15,000/- should be added as the compensation on account of loss of love and consortium to the widow of the deceased; Rs. 5,000/-should be added as compensation for the loss of fatherly affection to the child of the deceased; and Rs. 10,000/- should be added for the loss of care, to the parents of the deceased. 15,000/- should be added as the compensation on account of loss of love and consortium to the widow of the deceased; Rs. 5,000/-should be added as compensation for the loss of fatherly affection to the child of the deceased; and Rs. 10,000/- should be added for the loss of care, to the parents of the deceased. Therefore, the total amount of compensation in the case, should be Rs. 6,44,520/-. The award of the learned Tribunal, is required to be enhanced to this extent, because, the learned Tribunal has awarded a total compensation of Rs. 3,75,000/-only. 6. In the result, the appeal is partly allowed. The total amount of compensation is enhanced to Rs. 6,44,520/-, from that of Rs. 3,75,000/-, as awarded by the learned Tribunal. To this extent, the award of the learned Tribunal shall stand modified. The other part, terms and conditions of the award are maintained.Appeal allowed. *******