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Rajasthan High Court · body

1997 DIGILAW 1415 (RAJ)

Bhanmati v. State

1997-11-27

D.C.DALELA

body1997
JUDGMENT 1. - Heard. 2. This is an appeal for enhancement of the amount of compensation, by the appellant-claimants. The learned Motor Accident Claims Tribunal, Dausa, has awarded total compensation of Rs. 2,93,000/-. 3. The learned Tribunal has assessed the age of the deceased as above 50 years at the time of the accident. According to the Second Schedule of the Motor Vehicles Act, 1988, the multiplier at this age, should be 11. The learned Tribunal has assessed the present income of the deceased as Rs. 37,000/- per year, on the basis of the income-tax return. The learned Tribunal has not taken into account the future advancement in career and increase in earning. 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 future prospects and increase in 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 gross income of the deceased, after taking into account the future advancement in career. Following this decision of Hon'ble the Supreme Court, I think that 50 per cent should be added having regard to the future advancement in career and increase in the earning. Therefore, the gross income of the deceased is taken to be Rs. 37,000/- + Rs. 18,500 / - = Rs. 55,500/- per annum. Deducting one-third therefrom on account of personal expenses of the deceased, the value of total loss of dependency would be Rs. 37,000 / - per annum. With reference to multiplier 11, the value of total loss of dependency would come to Rs. 37,000/- x 11 = Rs. 4,07,400/-. To this, Rs. 15,000/ - should be added as compensation on account of loss of consortium, and love to the wife of the deceased and Rs. 30,000/- should be added as compensation on account of loss of fatherly affection and care, to the six children of the deceased. Thus, the total awardable compensation comes to Rs. 4,07,000 / - + 15,000/- + Rs. 30,000 / - Rs. 4,52,400/ -. The award of the learned Tribunal is required to be enhanced to this extent. 5. In the result, the appeal is partly allowed. Thus, the total awardable compensation comes to Rs. 4,07,000 / - + 15,000/- + Rs. 30,000 / - Rs. 4,52,400/ -. The award of the learned Tribunal is required to be enhanced to this extent. 5. In the result, the appeal is partly allowed. The total amount of compensation is enhanced to Rs. 4,52,400/ -, from that of Rs. 2,93,000/-, as awarded by the learned Tribunal. To this extent, the award of the learned Tribunal shall stand modified. The part, terms and conditions of the award, are maintained.Appeal allowed. *******