Research › Search › Judgment

Rajasthan High Court · body

2006 DIGILAW 3056 (RAJ)

Resham v. Vishan Singh

2006-11-17

AJAY RASTOGI

body2006
JUDGMENT 1. - Instant appeal barred by 194 days has been filed seeking enhancement of compensation of Rs. 5,59,432/- awarded by Motor Accident Claims Tribunal, Behror (Alwar) vide Award date 4th March, 2005 in MAC No. 86/02. 2. Only explanation furnished in the application seeking condonation of delay of 194 days in filing the appeal is that appellants are Bawaria by caste and not living permanently at one place and moving one place to other for their livelihood, hence could not contact their advocate in time, Nothing has been disclosed as to where they were informed by their Advocate about having any Award in their favour and how it came to their notice and when they contacted their Advocate. Explanation furnished in the application seeking condonation does not justify delay of 194 days. Yet I considered to examine the appeal on merits, as well. 3. Claimants are wife, parents and children of deceased Chhaganlal aged 29 years who met with an accident while returning on his bicycle from Shahjahanpur to his village Pipli on 1st April, 2002, when reached near Neemrana Check-post, offending truck No. HR-38-B-3995 being driven rashly & negligently by its driver collided with the cycle and dashed him-as a result whereof, he died. As alleged in claim petition, the deceased was working as Hand Pump Mistri under Panchayat Samiti Neemrana in Government Department and getting salary of Rs. 4,203/- per month. Considering totality of facts on record, learned Tribunal assessed his income of Rs. 4,061/- (minus house rent allowance) per month and after l/3rd deduction toward personal expenses, Rs. 2,708/- per month was considered as financial dependency to the family and keeping in view his age, multiplier of 17 was applied and in all awarded compensation of Rs. 5,59,432/- (including Rs. 5,52,432/- for loss of financial aid to the family and Rs. 5,000/- towards loss of love & affection to all claimants and Rs. 2,000/- for funeral expenses) with interest @ 6% per month vide Award impugned. Hence this appeal. 4. Counsel for appellant submits that deduction of house rent allowance from monthly salary has wrongly been made and that apart amount of compensation under head of consortium & love & affection only to the extent of Rs. 5,000/- to eight of claimants is much on lower side; as such the tribunal committed an error while assessing income and just compensation. 5. 5,000/- to eight of claimants is much on lower side; as such the tribunal committed an error while assessing income and just compensation. 5. I have considered contentions of Counsel for the appellant and with his assistance, examined the finding recorded by the Tribunal under Award impugned. In my opinion, submission made by the Counsel is without any substance. Taking note of totality of facts on record including last pay certificate and the age given out in post mortem report, the Tribunal has rightly assessed income of the deceased to the tune of Rs. 4,061/- per month minus house rent allowance and has rightly adopted multiplier of 17 as per Schedule keeping in view his age is between 30-35 based on material on record. In my opinion the finding recorded by the tribunal while awarding compensation under Award impugned is duly supported by logic and what has been finally awarded being just compensation requires no interference. 6. Consequently, this appeal along with application for condonation of 194 days fails and are hereby dismissed in limine.Appeal dismissed. *******