Research › Search › Judgment

Rajasthan High Court · body

2008 DIGILAW 792 (RAJ)

Rampati v. The New India Insurance Company Limited

2008-03-14

R.C.GANDHI

body2008
JUDGMENT 1. - This appeal has been preferred against the award dated 21.06.2005 passed by the Motor Accident Claims Tribunal and Special Court (Dacoity Affected Area) Dholpur, (hereinafter referred as the Tribunal') in Claim Petition No. 101/2004 whereby a sum of Rs. 1,12,000/- has been paid by the Tribunal as compensation on account of the death of 20 years aged boy, on the ground that the income of the deceased has not been properly appreciated by the Tribunal and consequently, the award is on lesser side. 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the appellants has laid emphasis only on the income part of the deceased. He has stated that the income of the deceased has been pleaded in the claim petition between 3 to 4 thousand per month earning from agricultural proceeds and working as labourer in the open market. The income of the deceased could not be proved out of the agricultural proceeds. However, a boy of the age of 20 years is able to work as a labourer and his income can be safely fixed at Rs. 70/- per day, the rate being paid by the Government to a daily wager. The Tribunal has not assigned reasons for fixing the income of the deceased as Rs. 15,000/- per annum and I feel that for determining the compensation, the income of the deceased should have been fixed at daily wager rate I.e. Rs. 70/- per day. After deducting ⅓ for personal living expenses, monthly income of the deceased comes to Rs. 1,400/-. Taking into consideration the annual income of the deceased as Rs. 16,800/- and the multiplier of 13 as the age of the parents is in the age group of 45-50 years, the loss of dependency comes to Rs. 2,18,400/- (16800x13). The parents are further entitled to Rs. 10,000/- each for love and affection and Rs. 5,000/- are paid for funeral expenses. Therefore, compensation comes to Rs. 2,43,400/- (218400 + 20000 + 5000). 4. The award is modified to the extent indicated above. Interest awarded by the Tribunal is maintained. The appeal is accordingly allowed. *******