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2009 DIGILAW 526 (RAJ)

Anil Khan v. Petambar

2009-02-17

GUMAN SINGH

body2009
Hon'ble SINGH, J.—Heard. 2. Civil Misc. Appeal No. 210/1998 has been filed by dependents of Mahboob Khan for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Jaipur District, Jaipur, vide Award dated 8.9.1997, whereby a sum of Rs. 94,000/-was awarded for the death of Mahboob Khan in the accident. 3. The other Appeal No. 807/1998 was preferred by Anil Khan for enhancement of compensation against the same impugned Award of the Tribunal, whereby he was awarded a sum of Rs. 42,000/-, for 15% disability caused due to the injury sustained in the accident. 4. The only challenge in the appeals pertain to quantum of compensation. C.M.A. No. 210/1998 in M.A.C. No. 1919/1992 5. Learned counsel for the appellants submitted that the Tribunal has assessed the income of the deceased on lower side as the income of Rs. 9,000/- p.m. was assessed while the minimum income of the deceased should have been assessed at the rate of 15,000/- p.a. 6. Per contra, learned counsel for the respondents, supported the award of the learned Tribunal on the ground that the adequate compensation was awarded on the basis of evidence adduced during the enquiry and the same calls for no interference. 7. Having considered the arguments and going through the award as well as the record of the case, it is revealed that the income of the deceased Mehboob Khan, appears to have been assessed on lower side as a sum of Rs. 900/- p.m. has been assessed and after deducting a sum of Rs. 400/- for his own expenses, compensation had been computed at the rate of Rs. 500/-p.m. The II Schedule of the Motor Vehicles Act has come into force in the year 1994, and taking it to be a guideline, a sum of Rs. 15,000/- p.a. deserves to be assessed and after deducting 1/3rd against the expenses of deceased, the compensation deserves to be computed as under:- “15,000 – 1/3rd = 10,000/- x 18 (Multiplier) = 1,80,000/- minus 84,000 (already awarded)= 96,000/- (to be additionally awarded).” 8. Accordingly, the impugned award stands modified and the appellants are awarded enhanced amount of Rs. 96,000/- from the date of appeal i.e. 15.12.1997, with 6 per cent interest on the enhanced amount to be paid within three months. 9. Thereafter, interest @ 9 per cent p.a. Shall be payable. The other conditions of the award shall remain unchanged. Accordingly, the impugned award stands modified and the appellants are awarded enhanced amount of Rs. 96,000/- from the date of appeal i.e. 15.12.1997, with 6 per cent interest on the enhanced amount to be paid within three months. 9. Thereafter, interest @ 9 per cent p.a. Shall be payable. The other conditions of the award shall remain unchanged. C.M.A. No. 207/1998 (Claim Case No. 1920/1992) 10. The learned counsel submitted that the injured has sustained 15% disability and the amount deserves to be assessed by taking his income to be Rs. 15,000/- p.m. as per II Schedule of the Motor Vehicle Act, while the Tribunal has assessed the total compensation to be Rs. 42,000/-. Per contra, learned counsel for the respondents, supported the award of the learned Tribunal on the ground that the adequate compensation was awarded on the basis of evidence adduced during the enquiry and the same calls for no interference. 11. Having considered the arguments and going through the award as well as the record of the case, it is revealed that the injured sustained depressed fracture of frontal bone thereby causing 15% disability. The age of the injured was 28 years at the time of accident and as such multiplier of 18 deserves to be adopted. The income of the deceased is taken to be 15,000/- p.a. as per II Schedule of the Motor Vehicles Act taking it to be a guideline. The amount deserves to be computed as under:- “15,000 x 18 (Multiplier) x 15/100 (percent disability) = 4,05,00 - 25000 (already awarded) = 15,500/- (to be additionally awarded).” 12. Accordingly, the impugned award stands modified and the appellant Anil Khan is awarded enhanced amount of Rs. 15,500/-from the date of appeal i.e. 15.12.1997, with 6 percent interest on the enhanced amount to be paid within three months. Thereafter, interest @ 9 percent p.a. Shall be payable. The other conditions of the award shall remain unchanged. Both the appeals stand disposed of. Record be sent back forth with.