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2009 DIGILAW 645 (RAJ)

Brij Mohan v. Abdul Aziz

2009-03-03

GUMAN SINGH

body2009
JUDGMENT 1. - Both the appeals being CMA No. 267/1999 (Claim Case No. 479/1992) and CMA No. 243/1999 (Claim Case No. 396/1992) have been filed by the dependents of deceased and injured respectively for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Jaipur District, Jaipur vide judgment dated 25.3.1996 whereby a sum of Rs. 84,000/- was awarded by way of compensation to the dependents of deceased Ramesh Chand in claim case No. 479/1992 and Rs. 13,000/- was awarded by way of compensation to the injured-appellant for 11.05% disability caused in the accident to the injured-appellant in Claim Case No. 396/1992. 2. The challenge in the appeal pertains to quantum of compensation only.CMA No. 267/1999 3. Learned counsel for the appellant submits that the dependents are the parents of deceased Ramesh Chand, aged 20 years who died on account of injuries sustained in the accident and that he was running a Tent House and was earning Rs. 3000-3500 per month but the learned Tribunal has awarded compensation on lower side and that deserves to be enhanced to Rs. 2,25,000/- equivalent to death of a child of 18 years of age in view of decision of this High Court in Smt. Malti & 52 ors. v. M.K. Vasu, 2008(1) WLC (Raj.) 589 , based on the ratio indicated by the Apex Court in New India Assurance Co. Ltd. v. Satendra & ors., 2007(1) WLC (SC) Civil 196. . 4. 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. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that deceased Ramesh Chand was 20 years of age at the time of death and he is survived by his old parents, therefore, as per arguments advanced by learned counsel for the dependents of deceased, the compensation deserves to be awarded as per decision in Smt. Malti's case (supra). Thus the compensation deserves to be enhanced equivalent to that of a death of minor child upto age 18 amounting to Rs. 2,25,000/- and thus amount deserves to be awarded as Rs. 2,25,000/-. 6. Thus the compensation deserves to be enhanced equivalent to that of a death of minor child upto age 18 amounting to Rs. 2,25,000/- and thus amount deserves to be awarded as Rs. 2,25,000/-. 6. Accordingly, appeal of the appellant/s 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. 2,25,000/- instead of Rs. 84,000/- by way of enhanced compensation from the date of appeal i.e. 2.8.1996, 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.CMA No. 243/1999 7. It is submitted that injured-appellant was 26 years of age at the time of accident and he sustained 11.05% disability on account of injuries caused in the accident, therefore, he deserves to be awarded compensation by adopting appropriate multiplier as per second Schedule to the M.V. Act. 8. 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. 9. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured is of 26 years of age and at the time of accident, he was running a grocery shop and he sustained 11.05% disability on account of accident, therefore, amount deserves to be awarded as per second second to the M.V. Act by assessing monthly earning of Rs. 1500/- per month. The compensation can be computed as under: 1500 x 12 x 18 (multiplier) x 11.05% (disability) = 37,260 - 10,000 (already awarded for disability) = 27,260/- (to be additionally awarded). 10. Accordingly, appeal of the appellant/s 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. 27,260/- by way of additional enhanced compensation from the date of appeal i.e. 2.8.1996, 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.Appeals Allowed. *******