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Rajasthan High Court · body

2005 DIGILAW 1207 (RAJ)

Prabhati Devi v. United Insurance Company Ltd.

2005-04-25

S.K.KESHOTE

body2005
Judgment S.K. Keshote, J.-The claimant appellants, the widow, the minor children and the mother of late Babu Lal, filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award, dated 210.1994, of the learned Motor Accident Claims Tribunal, Jaipur City, Jaipur, in Motor Accident Claim Case No. 1176/90, for enhancement of the amount of compensation awarded in their favour. Against the total claim of Rs. 7,60,000/-as compensation, under the impugned award the learned Tribunal awarded a sum of Rs. 90,000/-and the interest thereon at the rate of 12% per annum from the date of the claim case. 2. Heard learned Counsel for the parties and perusal the entire record of the appeal. 3. Deceased Babu Lal was aged 30 years on the date of the accident. The evidence has come on the record that he was earning Rs. 1500/-per month by doing the work of mistri. The learned Tribunal, ignoring this evidence come on the record, awarded a lump sum compensation of Rs. 90,000/-under the head of loss of economic dependency. This approach of the learned Tribunal is wholly erroneous on the face of it. There may not be any difficult to accept that the deceased, keeping in view the fact that he was a mistri, would have been earning Rs. 70 to 80 per day on the date of his death. 4. It is not gainsay that the wages of every category of workmen increase periodically; the increase therein is made by the Government for the scheduled employment. That apart, periodical the wages are bound to increase. Taking into consideration all the facts and circumstances of the case the income of the deceased is taken at Rs. 1500/-per month. He was a mistri and legitimately 1/3rd thereof is to be deducted for his personal expenses. Thus, the monthly economic contribution of the deceased to his family was Rs. 1000/-per month. Looking to the age of the deceased, the appropriate multiplier is 18. 5. In view of the aforesaid discussion, the compensation under the head of loss of economic dependency comes to Rs. 2,16,000/-(1000x12x18). As regards to the compensation under the head of loss of love and affection, care, protection, loss of consortium etc. to the widow, children and mother, the lump sum amount of compensation of Rs. 15,000/-awarded by the learned Tribunal to the claimant appellants is certainly towards the lower side. 2,16,000/-(1000x12x18). As regards to the compensation under the head of loss of love and affection, care, protection, loss of consortium etc. to the widow, children and mother, the lump sum amount of compensation of Rs. 15,000/-awarded by the learned Tribunal to the claimant appellants is certainly towards the lower side. It is also increased to Rs. 30,000/-. 6. Thus, the total amount of enhanced compensation comes to Rs. 1,41,000/- (126000+15000). 7. On this amount of enhanced compensation the appellant shall also be entitled for interest at the rate of 12% from the date of the claim petition till 31st of December, 2000 and at the rate of 9% from 01.01.2001 till the payment thereof . 8. The non-claimant respondent, the United Insurance Company Limited, Jaipur is directed to deposit the amount of enhanced compensation with interest thereon, as directed above, in this Court within a period of one month from the date of receipt of the copy of this order, by Account Payee Cheque/DD/Pay Order, drawn in the name of Registrar (Administration) of this Court. 9. On deposit of the amount aforesaid by the non-claimant respondent Insurance Company, the Court will pass the order of its disbursement/investment and the registry to place the matter for orders on the Board immediately after the amount is deposited as per aforesaid directions.