Research › Search › Judgment

Rajasthan High Court · body

2004 DIGILAW 1055 (RAJ)

CHANDRAKANTA v. ASHFAK AHMAD

2004-07-27

S.K.KESHOTE, SHASHI KANT SHARMA

body2004
Judgment S. K. KESHOTE, J. ( 1 ) HEARD the learned counsel for the parties and perused the entire record of the appeal. ( 2 ) THIS is the claimants special appeal in which prayer has been made for en-hancement of the amount of compensation awarded by the learned Motor Accidents claims Tribunal, Jaipur City, Jaipur (for short, the Tribunal ). The learned Tribunal awarded the compensation of Rs. 2,53,000 in favour of the claimants-appellants. For enhancement of that amount, appeal has been filed but the learned single Judge dismissed the same, thus this special appeal. ( 3 ) IT is not in dispute that deceased Prem narayan was in permanent employment of the then Rajasthan State Electricity Board working as meter reader. On 29. 2. 1988 he died in a motor accident. His salary was rs. 1,536 per month and he was aged 40 years. Though there is no dispute that he was in permanent employment but future prospects have not been taken into consideration both by learned Tribunal and the learned single Judge while determining the amount of compensation. There is authority on the point that in such matters double of the income of the deceased is to be taken into consideration for the purpose of arriving at the figure of just compensation. Thus it is a case where enhancement of compensation needs to be made, ( 4 ) IT is not in dispute that the multiplier of 15 is applicable. The calculation of the total compensation shall be made thus rs. 1,536 x2x2/3xl2x15 = rs. 3,68,640. To this we have to add the amount of compensation awarded by the learned Claims Tribunal towards the loss of consortium on account of loss of love and affection, i. e. , Rs. 25,000. Thus the figure comes to Rs. 3,93,640. Rs. 2,53,000 has been awarded by learned Tribunal and thus there is an enhancement in the com-pensation of Rs. 1,40,640. On this amount the claimants-appellants are entitled for interest. Though the learned counsel for the claimants-appellants prayed for grant of interest at the rate of 18 per cent per annum but the recent trend of awarding interest is at the rate of 9 per cent per annum and thus on this enhanced amount of compensation claimants-appellants shall be entitled for interest at the rate of 9 per cent per annum from the date of application. This amount of enhanced compensation is to be paid by the insurance company to the claimantsappellants. The respondent insurance company is directed to deposit the amount of enhanced compensation together with the interest thereon, by account payee cheque drawn in the name of Registrar (Admn.), rajasthan High Court Bench, Jaipur, within a period of two months from the date of receipt of the copy of this order. On the deposit of this amount the court will pass orders for disbursement and investment thereof. Appeal allowed.