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Rajasthan High Court · body

2009 DIGILAW 868 (RAJ)

Kirori Lal v. Oriental Insurance Co. Ltd.

2009-03-25

GUMAN SINGH

body2009
Hon'ble SINGH, J.—Both the parties agree to final disposal of this appeal at admission stage. 2. Heard learned counsel for the parties. 3. This appeal has been preferred on behalf of dependents of deceased Roshan Lal for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Dholpur vide judgment dated 21.2.2008 whereby a sum of Rs.2,66,000/- was awarded by way of compensation for the death of deceased caused in the accident. 4. The challenge in the appeal pertains to quantum of compensation only. 5. Learned counsel for the appellant submits that the learned Tribunal has failed to award adequate compensation as the learned Tribunal has taken Rs.2,000/- as monthly income while he was earning Rs.3,000/- per month. It is submitted that looking to the dependency of the deceased, 1/3rd deducted as against his own expenses deserves to be scaled down so as to increase the compensation. 6. 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. 7. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the deceased was engaged as Supervisor in Stone Gangshaw Machine and was being paid Rs.3,000/- per month and certificate to this effect has been filed supported by the evidence of PW-6 Puran, who was brother of deceased and was also Manager of the Company. As the accident pertains to year 2006 and the deceased is found to be a person of 36-37 years old man, having family of 7 persons to support, out of them four being minor children apart from widow and old parents of deceased, therefore, income of the deceased can be taken to be Rs.3,000/- per month in view of there being no evidence to controvert the same. That apart, the wife of the deceased deserves to be awarded additional sum of Rs.10,000/- for loss of consortium as she has been only awarded Rs.5,000/- on this count. The children and parents have not been awarded any amount for loss of love and affection, therefore, they deserve to be awarded Rs.5,000/- each amounting to Rs.30,000/-. That apart, the wife of the deceased deserves to be awarded additional sum of Rs.10,000/- for loss of consortium as she has been only awarded Rs.5,000/- on this count. The children and parents have not been awarded any amount for loss of love and affection, therefore, they deserve to be awarded Rs.5,000/- each amounting to Rs.30,000/-. Thus, the amount can be calculated as under: 3000-1/3rd = 2000 x 12 x 16 (multiplier)= 3,84,000-2,56,000 (already awarded) = 1,28,000-40,000 (for loss of consortium & love and affection) = 1,68,000/- (to be additionally awarded). 8. 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.1,68,000/- by way of additional enhanced compensation from the date of appeal i.e. 21.5.2008, 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.