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Rajasthan High Court · body

2000 DIGILAW 1510 (RAJ)

Alka Khandelwal v. Gulab Khan

2000-12-18

J.C.VERMA

body2000
Judgment J.C. Verma, J.-The present Miscellaneous appeal has been preferred challenging the award dated 12.98 passed by Motor Accidents Claims Tribunal, Jaipur whereby the compensation of Rs. 4,29,5 00 was ordered to be paid in MACT Case No. 997 of 1995. 2. Theclaim application was filed by the claimants widow and minor son and daughter of the deceased Raja Ram, who had died in motor accident occurred on 28.3.1995 when the car No. RSB 5787, in which he was travelling, had collided with the trolley No. RJ-01-G-1635. In the same accident, the other occupant of the car Premlata Khandelwal had also died. The trolley was insured with the Oriental Insurance Co. Ltd. 3. On the evidence produced by the parties, the Tribunal came to the conclusion that the deceased was 36 years old and on the basis of income tax return, the Tribunal came to the conclusion that as per return for the year 1994-95 the yearly income of deceased was Rs. 50,000, out of which Rs. 5,000 had been paid as tax and the annual income of the deceased was assessed to be Rs. 45,000. After taking into consideration the number of members of the family, it was held that the deceased was enjoying two and a half units and fixed the dependency to be Rs. 26,250 and applying the multiplier of 16 years awarded the compensation of Rs. 4,20,000 along with Rs. 5,000 for loss of consortium, Rs. 2,000 for cremation and Rs. 2,500 for loss to estate. As such the total compensation of Rs. 4,29,5 00 had been awarded. The present appeal has been preferred for enhancement of the compensation. 4. Learned Counsel for the appellant prays that out of six units even if the expenditure of deceased is to be deducted in that situation only one-third of the total income could have been assessed as expenditure on deceased and the dependency could not have been less than Rs. 30,000 per year. It is further submitted that the amount of loss of consortium and cremation is very meagre. 5. Learned Counsel for the appellant prays that in connected Appeal No. 23 of 1999, Medhawati Pareek v. Gulab Khan, decided on 19.2000, the widow of the deceased had been awarded by way of enhancement the amount of loss of consortium as Rs. 25,000 from Rs. 5,000 and Rs. 10,000 for loss of love and affection and Rs. 5. Learned Counsel for the appellant prays that in connected Appeal No. 23 of 1999, Medhawati Pareek v. Gulab Khan, decided on 19.2000, the widow of the deceased had been awarded by way of enhancement the amount of loss of consortium as Rs. 25,000 from Rs. 5,000 and Rs. 10,000 for loss of love and affection and Rs. 5,500 for the expenses of cremation and for bringing the dead body from the place of accident as the dead body was brought from distant place. Mr. Tiwari submits that similar award be awarded to appellants also. 6. Thereis merit in the submission of Mr. Tiwari. The dependency is raised to Rs. 30,000 per year instead of Rs. 26,250 and maintaining the multiplier of 16 years as awarded by the Tribunal the amount of compensation is fixed at Rs. 4,80,000. The amount for loss of consortium at Rs. 5,000 is too meagre and it is raised to Rs. 25,000. Rs. 20,000 is awarded to children for loss of love and affection and Rs. 5,500 is awarded for the cremation and expenses for bringing the body of deceased from the place if accident; as such the claimants are entitled to receive total compensation of Rs.5,33,000 with the awarded by Tribunal from 9.8.1995 till payment. 7. Any payment already made shall be adjusted and the remaining amount shall be paid to claimants within two months form the date of receipt of copy of this order. 8. With the above observation, the Miscellaneous appeal is allowed.