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2001 DIGILAW 1855 (RAJ)

BHURI v. SHANKAR LAL

2001-11-27

J.C.VERMA

body2001
Judgment VERMA, J. ( 1 ) THIS misc. appeal has been filed by the appellants for enhancement of compensation against the order dated 23. 2. 1995 passed by Judge, Motor Accidents Claims Tribunal, Jaipur City, Jaipur in MACT Case No. 930 of 1991 whereby the compensation of only Rs. 1,09,500 has been awarded. ( 2 ) THE facts of the case are that the claim application was filed by the claimants, legal heirs of the deceased Sitaram yadav, who died in the motor accident on 7/8. 6. 1991 in midnight when he was going on motor cycle and was hit by truck No. RRZ 1845. After recording the evidence the Tribunal has awarded the compensation Rs. 1,09,500 only with interest at the rate of 12 per cent per annum. ( 3 ) LEARNED counsel for the claimants submits that the deceased was of the age of 35 years and he was doing the business of selling milk by collecting it from buffalo owners. When the accident occurred the milk drums were also loaded on the motor cycle. The Tribunal has not assessed the income of deceased properly as it has been assessed only at Rs. 1,000. Therefore, the compensation as awarded is too less. ( 4 ) IT is the contention of the appellants that it has come on record that the deceased was earning Rs. 4,000 to Rs. 5,000 per month from the agricultural income. There is no other evidence except the evidence of widow, which stands unrebutted. Mr. Tiwari relies on the judgment in case of rukma Devi v. Ramavtar, 1998 ACJ 1203 (Rajasthan ). ( 5 ) AFTER hearing learned counsel for the appellants, in my opinion, the Tribunal has not awarded the just amount and proper compensation to claimants and the same is required to be increased. When the deceased was selling milk his earnings could not be less than Rs. 2,500 per month. After deducting Rs. 500 for expenses on motor cycle the income of the deceased can be assessed to be Rs. 2,000 per month and the dependency can be easily assessed at rs. 1,300 per month for maintaining his wife, minor children and mother. For the age of 35 of deceased the minimum multiplier could not be less than 16. As such the compensation is assessed at Rs. 1,300 x 12 x 16 = Rs. 2,49,600. 2,000 per month and the dependency can be easily assessed at rs. 1,300 per month for maintaining his wife, minor children and mother. For the age of 35 of deceased the minimum multiplier could not be less than 16. As such the compensation is assessed at Rs. 1,300 x 12 x 16 = Rs. 2,49,600. The widow is also entitled to receive Rs. 10,000 towards consortium, instead of Rs. 5,000 along with rs. 2,000 for funeral expenses, as awarded by the Tribunal. As such the claimants are entitled to receive the compensation of rs. 2,61,600 with the same rate of interest as has been awarded by the Tribunal. The amount of the compensation shall be paid by the insurance company within a period of two months, after adjusting the amount already paid. The compensation shall be paid according to the same proportion and direction as directed by Tribunal. With the above direction the misc. appeal is partly allowed. Appeal partly allowed.