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2009 DIGILAW 758 (RAJ)

Kirosta v. Kailash Chand

2009-03-16

GUMAN SINGH

body2009
JUDGMENT 1. - With the consent of learned Counsel for both the parties, this appeal is being disposed off finally at admission stage. 2. Heard. 3. This appeal has been preferred in Claim petition No. 194/2006 (88/06) by the appellants dependent of deceased Babu Lal alias Shoetaj Yadav, for enhancement of compensation awarded by the Motor Accident Claims Tribunal, and A.D.J. (Fast Track), Behror, district Alwar, vide order dated 1st May, 2007, whereby a sum of Rs. 3,14,840, was awarded by way of compensation. 4. The only challenge in the appeal pertains to quantum of compensation. 5. Learned Counsel submits that the Tribunal has failed to award-adequate compensation for loss of dependency. While for loss of consortium and loss of love and affection a lump sum of Rs. 15,000/-has been awarded. The learned Counsel further submitted that the Tribunal has assessed the income of the deceased to be Rs. 73/- per day treating the deceased equivalent to minimum wages for unskilled labourer and that deserves to be enhanced in view of the fact that the deceased was an agriculturist and was also earning by selling milk and vegetables and had to support a family of four persons including the two minor children and widow apart from mother. 6. Per contra, learned Counsel for the Insurance Company 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. Learned Counsel further submitted that there is no evidence by the deceased on the record and as such the income assessed by the Tribunal 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 deceased was 32 years young man and was a sole bread earner of the family of four members including his widow, two minor children and old mother. He is stated to be earning his livelihood by way of agriculture apart from selling midland vegtables and thus his monthly earning cannot be equated to that of an unskilled labourer and as such instead of 73 rupees per day, his income deserves to be assessed at the rate of Rs. 100/- per day. That apart the widow deserves to be awarded a sum of Rs. 100/- per day. That apart the widow deserves to be awarded a sum of Rs. 15,000/- by way of loss of consortium and the three remaining appellants deserve to be awarded a sum of Rs. 15,000/- each by way of loss of love as against the total sum of Rs. 15,000/- already awarded on these counts and thereby enhancing the amount by the 15,000/-on these counts. The amount awarded can be computed as under:- "3,000 - l/3rd (own expenses of deceased )= 2,000* 12x17 (multiplier)= 4,08,000 minus 2,97,840 = 1,10,160 plus 15,000= 1,25,160 (to be additionally awarded)." 8. Accordingly, the appeal is partly allowed. The Award is modified to the extent that the appellant shall be entitled to an additional sum of Rs. 1,25,160/-, with 6% interest, to be paid within three months from the date of appeal i.e. 19th July, 2007. Thereafter, interest @ 9 per cent p.a. shall be payable. 9. The appeal stands disposed off.Appeal disposed off. *******