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2009 DIGILAW 1367 (RAJ)

Gopi Agarwal v. Sharwan Singh

2009-05-18

GUMAN SINGH

body2009
Hon'ble SINGH, J.—Both the parties agreed for final disposal of this appeal at admission stage.Heard learned counsel for the parties. 2. These appeals have been preferred on behalf of appellants-claimants for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur city, Jaipur vide judgment dated 18.5.2004 whereby a sum of Rs.73,700/-(in claim case no.107/04) and Rs.50,000/-(in claim case no.108/2004) was awarded by way of compensation. C.M.A. No. 1592/2004 3. The challenge in the appeal pertains to quantum of compensation only. 4. Learned counsel for the appellant submits that the learned Tribunal has not awarded adequate compensation and has only awarded a lump sum of Rs.60,000/- while it should have been awarded adequate amount by taking second schedule to the M.V. Act to be the guidelines. It is further submitted that annual income of injured-appellant was Rs.42,000/- as per income tax return Ex.14 of the year 1997-98. 5. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 6. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the injured was earning Rs.42,000/- per annum and hence amount of compensation deserves to be awarded by taking second schedule to be the guidelines. Thus the amount can be computed as under: 42,000 x 18 (multiplier) x 20.5% (disability) = 1,54,980 - 60,000 (already awarded) = 94,980/- (to be additionally awarded) 7. Accordingly, appeal of the appellant is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.94,980/- by way of additional enhanced compensation from the date of appeal i.e. 16.8.04, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith. C.M.A. No. 1586/2004 8. The challenge in the appeal pertains to quantum of compensation only. 9. Learned counsel for the appellant submits that in this appeal, death claim was filed by the appellant-claimants on account of death of deceased Dikshant, aged 02 months caused in the accident. It is submitted that the learned Tribunal has awarded lump sum of Rs.50,000/- which deserves to be enhanced. 10. 9. Learned counsel for the appellant submits that in this appeal, death claim was filed by the appellant-claimants on account of death of deceased Dikshant, aged 02 months caused in the accident. It is submitted that the learned Tribunal has awarded lump sum of Rs.50,000/- which deserves to be enhanced. 10. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 11. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the learned Tribunal has awarded Rs.50,000/- by way of lump sum in this case. In this regard, the Coordinate Bench of this High Court in Smt.Malti & 52 Ors. vs. M.K.Vasu (2008(1) WLC (Raj.) 589), has clasified the children with their age groups in view of ratio indicated by Hon'ble Supreme Court in New India Assurance Co. Ltd. vs. Satendra & Ors. (2007(1) WLC (SC) Civil 196). Thus in view of said judgment and ratio indicated by Hon'ble Supreme Court, child of the age group from 0-5 is to be awarded Rs.1,00,000/-. Therefore, after deducting the amount already awarded, additional sum of Rs.50,000/- deserves to be awarded to the parents of the deceased. 12. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.50,000/- by way of additional enhanced compensation from the date of appeal i.e. 16.8.04, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith.