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Rajasthan High Court · body

2006 DIGILAW 502 (RAJ)

Omveeri v. Mahendra Kumar

2006-02-14

K.C.SHARMA

body2006
JUDGMENT 1. - Through this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellants seek to modify the award dated 5.4.1994 passed by the learned Judge, Motor Accident Claims Tribunal, Hindaun City, whereby the learned Judge has awarded a sum of Rs. 75,000 out of the total claim of Rs. 8,14,000 as claimed by the claimants. 2. I have heard learned Counsel for the parties and gone through the award sought to be modified. An unfortunate accident took place where Laxman Singh aged 20 years was run over by the offending truck No. 5237 insured by the National Insurance Company Ltd., respondent No 3. In the claim petition, the claimants have claimed compensation to the tune of Rs. 8,14,000 under various heads. The learned Judge, on consideration of evidence and material available on record and having concluded that the accident took place on account of rash and negligent driving of aforesaid truck by its driver has awarded a sum of Rs. 75,000 making the respondents liable to pay the award amount to the claimants, jointly and severally. 3. Considering the age of deceased as 20 years at the time of accident and assessing his monthly income at Rs. 300 and after deducting l/3rd of his income for his personal expenditure, the learned Tribunal calculated his net income at Rs. 200 per month which he could have contributed to his dependents and applying the multiplier of 25 has awarded a sum of Rs. 200 x 12 x 25 = 60,000 as against loss of income to the dependents of the deceased. That apart the Tribunal has awarded Rs. 10,000 as against loss of consortium, Rs. 2,500 funeral expenses and Rs. 2,500 expenditure incurred on conveyance. In all a sum of Rs. 75,000 have been awarded as compensation. 4. It is true that the claimant-appellants have not been able to prove the income of deceased, but it is proved that he was engaged as Khalasi at the relevant time. In such a situation, so far as non-earning person is concerned, the Tribunal should have taken the notional income of deceased. Even if we consider Schedule II attached to the Motor Vehicles Act, the notional income of non-earning person would be taken to be at Rs. 15,000 per annum. In such a situation, so far as non-earning person is concerned, the Tribunal should have taken the notional income of deceased. Even if we consider Schedule II attached to the Motor Vehicles Act, the notional income of non-earning person would be taken to be at Rs. 15,000 per annum. Since the age of the deceased at the time of accident has been held to be 20 years, the multiplier to be adopted would be 16. Thus, taking the notional income of deceased at Rs. 15,000 p.a. and if the multiplier of 16 is applied the amount of compensation comes to the tune of Rs. 2,40,000. Accordingly, the claimants are held entitled to get compensation of Rs. 2,40,000 as against loss of income of deceased to his dependents. 5. So far as claim of Rs. 15,000 under three other heads as has been awarded to the claimants, appears to be just and proper and calls for no interference and shall remain intact. 6. In view of above, the amount of compensation of Rs. 75,000 as has been awarded by the Tribunal is enhanced to Rs. 2,55,000. The respondent Insurance Company is directed to deposit with the Tribunal the enhanced amount of compensation to the tune of Rs. 1,80,000 within two months from the date of this judgment. The claimants shall be entitled to receive interest at the rate of 6% p.a. on the amount of Rs. 1,80,000 with effect from the date of filing of application till realisation. On depositing the aforesaid sum, the Tribunal shall disburse the same among the claimant-appellants.Ordered accordingly. *******