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Rajasthan High Court · body

2006 DIGILAW 16 (RAJ)

Chanda Ram v. Nathu Lal

2006-01-03

N.K.JAIN

body2006
Judgment Narendra Kumar Jain, J.-Heard learned Counsel for the parties. 2. This appeal on behalf of claimant appellants i.e., parents of the deceased, has been filed for enhancement of the amount of compensation against the Judgment /award dated 07.09.1993 passed by the Motor Accident Claims Tribunal, Jaipur District Jaipur in Motor Accident Claim Case No. 456/1991, whereby the learned Tribunal awarded Rs. 75,400/-as compensation in favour of the claimant appellants in respect of death of their son Gopal, who died in an accident arising out of use of motor vehicle on 08.05.1990. 3. Learned Counsel for the claimant appellants contended that the deceased was 25 years of age and the amount of Rs. 75,400/-awarded in the present case is inadequate and the same be enhanced. He cited Shanti Bai & Ors. vs. Charan Singh & Ors., 1999 (1) TAC Page 22 (SC), wherein the Honble Supreme Court awarded as 1,50,000/-as total compensation, where in the age of victim was 18 years and was earning Rs. 10/-per day. 4. The learned Tribunal while deciding Issue No. 3 considered the statement of AW. 2 Chanda Ram, who stated in his statement that Gopal was 25 years of age at the time of his death and was earning Rs. 600/-per month. The Tribunal observed that the deceased was bachelor, therefore, applied the multiplier of 5 only. Rs. 72,000/-was awarded for loss of compensation. However, 30% out of it, was deducted on account of lump sum payment and thus awarded Rs. 50,400/-towards loss of income Rs. 25,000/-was further awarded for “love and affection”. 5. I have considered the submission of the learned Counsel for the claimant appellants and examined the impugned Judgment of the Honble Supreme Court as referred above. 6. After considering all the facts and circumstances of the present case, I find that the Tribunal has committed an illegality in deducting 30% amount towards lump sum payment thereof and further I find that the amount of Rs. 75,400/-awarded in the present case, as compensation is a meagre amount. After considering all the facts and circumstances, I am satisfied that the amount of Rs. 75,400/-be enhanced to a lump sum amount of Rs. 1,50,000/-as compensation in the present case for the death of Gopal. This amount will be just and reasonable looking to all the facts and circumstances of the case. 7. Consequently, the appeal is allowed. The amount of Rs. 75,400/-be enhanced to a lump sum amount of Rs. 1,50,000/-as compensation in the present case for the death of Gopal. This amount will be just and reasonable looking to all the facts and circumstances of the case. 7. Consequently, the appeal is allowed. The amount of Rs. 75,400/-is enhanced to a total compensation of Rs. 1,50,000/-in favour of the claimant appellants. The amount of Rs. 75,400/-has already been paid to the claimant appellants, therefore, the respondents are directed to deposit the remaining amount of Rs. 74,600/-in the Tribunal. This enhanced amount shall also carry interest at the rate of 6% per annum from the date of filing of the claim application. Two months time is allowed to the respondents to deposit the amount in the Tribunal. The Tribunal is directed to deposit the entire amount of compensation with interest in the Monthly Income Scheme of the Post Office for a period of six years in the name of claimant appellants, with liberty to them to withdraw the monthly interest accrued thereon. No order as to costs.