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Rajasthan High Court · body

2009 DIGILAW 663 (RAJ)

Laki Mathur v. Chela Ram

2009-03-03

GUMAN SINGH

body2009
Hon'ble SINGH, J.—All the appeals being CMA No.472/99, 37/97, 64/97, 361/99 and 470/99 have been filed by the claimant-appellants for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Bayana, Distt. Bharatpur vide judgment dated 10.9.96 whereby a sum of Rs.10,773/-, Rs.1,26,000/-, Rs.1,80,000/-, Rs.1,10,500/-and Rs.6000/- was awarded by way of compensation to the claimant-appellants respectively. 2. The challenge in the appeal pertains to quantum of compensation only. C.M.A. No.472/99 3. Learned counsel for the claimant-appellants submits that injured was 50 years of age and she sustained one fracture on her forehead and for whcih she was granted RS.5,000/- under the second schedule to the M.V.Act. That apart, the learned Tribunal has awarded Rs.5773/- for the loss of salary of one month. It is also submitted that amount awarded by learned Tribunal is on lower side and same deserves to be enhanced. 4. Per contra, the learned counsel for the respondents have 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 the injured appellant Smt.Lakki Mathur did not sustain any grievous injury and she has been awarded compensation as per norms of second schedule to the M.V. Act. The amount awarded by the learned Tribunal appears to be just and reasonable and calls for no interference. 6. Accordingly, appeal of the appellant/s is dismissed. C.M.A. No.37/1997 7. Learned counsel for the claimant-appellants submits that deceased Sanjay Mathur, aged 20 years, was the only son of his parents and he was engaged as Field Officer in Rajputana Ex.M.Service Pvt. Ltd. and was drawing salary of Rs.2000/- per month. The learned Tribunal has awarded Rs.1,26,000/- on account of death of deceased in the accident. It is also submitted that the amount awarded deserves to be enhanced as this case is at par with that of a case reported in New India Assurance Co. Ltd. vs. Satendra & ors. (2007 (1) WLC (SC) Civil 196 and followed by this High Court in Smt.Malti & 52 ors. vs. M.K.Vasu (2008(1) WLC (Raj.) 589wherein the ratio indicated by Hon'ble Supreme Court was followed and amount of Rs.2,25,000/- was awarded to the minor boy of 18 years. 8. Ltd. vs. Satendra & ors. (2007 (1) WLC (SC) Civil 196 and followed by this High Court in Smt.Malti & 52 ors. vs. M.K.Vasu (2008(1) WLC (Raj.) 589wherein the ratio indicated by Hon'ble Supreme Court was followed and amount of Rs.2,25,000/- was awarded to the minor boy of 18 years. 8. Per contra, the 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 the deceased was 20 years of old boy at the time of accident and survived by his parents. He has been awarded Rs.1,26,000/- by way of compensation and as sub-mitted by learned counsel for the appellant-claimants, they deserve to be awarded compensation equivalent to that of a boy of 18 years on the basis of ratio indicated by Hon'ble Supreme Court and followed by this court in above referred to cases. Accordingly, Rs.2,25,000/- deserves to be awarded after deducting the amount already awarded as under: 2,25,000-1,26,000(already awarded)=99,000/-(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.99,000/- by way of enhanced compensation from the date of appeal i.e. 9.12.1996, 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. C.M.A. No. 64/1997 11. Learned counsel for the claimant-appellants submits that the learned Tribunal has failed to award adequate compensation to the dependents of deceased Bajrang Singh as he has been survived by widow, four minor children, one sisters and old mother and, as such, claimant-appellants deserves to be awarded compensation as per second schedule to the M.V.Act. It is also submitted that in place of 1/3rd deduction from his own expenses, lessor amount deserves to be deducted in view of number of dependents of his family he had to support. 12. It is also submitted that in place of 1/3rd deduction from his own expenses, lessor amount deserves to be deducted in view of number of dependents of his family he had to support. 12. Per contra, the learned counsel for the respondents have 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. 13. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that deceased is survived by widow, four minor children, one sister and old aged mother and, as such, amount of dependency deserves to be enhanced. Therefore, instead of deducting 1/3rd of his own expenses, less amount deserves to be deducted and instead of dependency of Rs.1000/-, Rs.1200/- deserves to be considered for computing the compensation. That apart, Rs.10,000/-deserves to be additionally awarded for loss of consortium and Rs.5,000/- each deserves to be awarded for loss of love and affection to the dependency of deceased, amounting to Rs.30,000/-. As Rs.13,000/- has already been awarded under this head, therefore, total sum of RS.17,000/- deserves to be awarded for loss of love and affection. Thus the amount can be computed as under: 1200x12x16(multiplier)=2,30,400-1,60,000 (already awarded) = 70,400+27,000 (to be additionally awarded for loss of consor-tium and love & affection)=97,400/- (to be additionally awarded). 14. 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.97,400/- by way of enhanced compensation from the date of appeal i.e. 9.12.1996, 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. C.M.A No. 361/1999 15. Learned counsel for the claimant-appellants submits that the deceased was 24 years' of age and the learned Tribunal has assessed his income as Rs.15,000/- and after deducting Rs.5,000/- on his own expenses, Rs.10,000/- was taken into consideration for awarding amount. It is further submitted that as per judgment of Division Bench of this court reported in 2003 ACJ 1514 (Shankar Lal and ors. vs. Rajasthan State Road Transport Corporation) the contribution of deceased House wife should be enhanced to RS.12,000/- per annum. It is further submitted that as per judgment of Division Bench of this court reported in 2003 ACJ 1514 (Shankar Lal and ors. vs. Rajasthan State Road Transport Corporation) the contribution of deceased House wife should be enhanced to RS.12,000/- per annum. It is also submitted that looking to the age of deceased, multiplier of 17 deserves to be adopted as per second schedule to the M.V.Act and adequate amount for the loss of consortium and loss of love & affection deserves to be awarded. 16. Per contra, the learned counsel for the respondents have 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. 17. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that deceased is survived by husband and one minor daughter. The Husband was awarded Rs.5,000/- for loss of consortium and, as such, it deserves to be enhanced by Rs.10,000/-. The daughter has been awarded Rs.3000/- for loss of love and affection and as such, it deserves to be enhanced to Rs.5,000/- as compensation by way of loss of love & affection. In view of decision cited above, the amount of dependency deserves to be assessed as Rs.1000/- per month and amount of compensation deserves to be awarded by adotping multiplier of 17 as under: 12000 x 17 (multiplier)=2,04,000-1,00,000 (already awarded)= 1,04,000+12,000 (additional amount for loss of consortium and loss of love & affection)=1,16,000/- (to be additionally awarded). 18. 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.1,16,000/- by way of enhanced compensation from the date of appeal i.e. 9.12.1996, 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. C.M.A. No. 470/1999 19. Learned counsel for the claimant-appellants submits that injured Kumari Bharti has sustained one fracture and three simple injuries and she did not sustain any disability but she has been awarded only Rs.6000/- and that deserves to be enhanced. 20. The rest of the terms of award shall remain unchanged. Record be sent forthwith. C.M.A. No. 470/1999 19. Learned counsel for the claimant-appellants submits that injured Kumari Bharti has sustained one fracture and three simple injuries and she did not sustain any disability but she has been awarded only Rs.6000/- and that deserves to be enhanced. 20. Per contra, the learned counsel for the respondents have 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. 21. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that injured should have been awarded Rs.1000/- for each simple injury and thereby Rs.2000/- extra deserves to be awarded on this count. That apart, for pain and sufferings, sum of Rs.3,000/- deserves to be awarded and, as such, additional sum of RS.5,000/- deserves to be awarded as additional enhanced compensation. 22. 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.5,000/- by way of enhanced compensation from the date of appeal i.e. 9.12.1996, 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.