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2008 DIGILAW 986 (RAJ)

Geeta Devi v. Vishan Singh

2008-04-08

GUMAN SINGH

body2008
JUDGMENT 1. - Heard. 2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') has been preferred on behalf of the dependents of deceased Bhagwan Sahai for enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, (for short 'the Tribunal'), Jaipur district, Jaipur, dated 27th November, 1998, in Claim Case No. 380/94. 3. On 15th June, 1994, at about 2.30 p.m. Bhagwan Sahai (since deceased) was going in Tractor Number R.S.M. 9029 loaded with onion gunny bags, which was dashed by Truck No. RJE 1451, resulting death of Bhagwan Sahai. 4. Learned Counsel for the appellants submits that the learned Tribunal has erred in assessing the income of the deceased Bhagwan Sahai as Rs. 2,000/- p.m. while he was earning Rs. 3,000/- p.m. as he was engaged as labourer in agriculture and in view of the dependency, the compensation deserves to be enhanced. 5. Per contra, learned Counsel for the respondents, supported the judgment of the learned Tribunal and contended that the learned Tribunal has awarded adequate compensation after considering the evidence produced on the record during the inquiry and the award does not call for any interference. 6. In view of the submissions, on perusal of the award as well as the record of the case, it is revealed that at the time of death, deceased Bhagwan Shahi was engaged as labourer in agriculture and it appears that the learned Tribunal has assessed his monthly income of lower side. In view of the evidence adduced on the point and facts of the case, the income of the deceased is assessed to be Rs. 2,500/- p.m. and on deducting l/3rd as against his own expenses, and on applying the multiplier of 18, the compensation can be arrived at Rs. 3,60,072/- alongwith Rs. 15,000/-for loss of consortium to the wife of the deceased and Rs. 2,000/- for meeting the funeral expenses apart from Rs. 10,000/- already awarded by the Tribunal on account of love and affection to the children. 7. Accordingly, the award is modified and the amount of compensation is enhanced from Rs. 2,90,800/- to Rs. 3,60,072/- alongwith Rs. 15,000/-for loss of consortium to the wife of the deceased and Rs. 2,000/- for meeting the funeral expenses apart from Rs. 10,000/- already awarded by the Tribunal on account of love and affection to the children. 7. Accordingly, the award is modified and the amount of compensation is enhanced from Rs. 2,90,800/- to Rs. 3,87,000/- with interest at the rate of 6% from the date of appeal i.e. 23rd January, 1999, and the same shall be payable within three months from the date of this order and failure to do so, the amount shall entail interest at the rate of 9% p.a. from the date of appeal. 8. The appeal is disposed off accordingly.Appeal Disposed Off. *******