Rajasthan State Road Transport Corporation Ltd. v. Chander Mohan Sharma
2011-09-13
MOHAMMAD RAFIQ
body2011
DigiLaw.ai
Hon'ble RAFIQ, J.—Non-claimant appellant Rajasthan State Road Transport Corporation Limited has filed this appeal being aggrieved by the award dated 16.04.2010 of learned Motor Accident Claims Tribunal and Special Court (Fake Currency Cases), Jaipur City, Jaipur, in MAC Case No.287/2004, whereby the learned Tribunal awarded a sum of Rs.2,02,300/- in favour of the claimant and against the non-claimant. 2. Contention of learned counsel for the appellant is that the income of the claimant has been wrongly determined by the learned Tribunal to be Rs.6000/- per month merely on the basis of the pleading of the claimant that he was having a shop of light decoration and electric equipment in his village and was earning Rs.6000/- per month. There was no definite proof of regular income inasmuch as the claimant was not income-tax payee. The learned Tribunal has accepted the plea of the claimant regarding his income keeping in view the nature of work which the claimant was doing. 3. The learned counsel for the claimant-respondent supported the award and contended that learned tribunal has rightly determined the income of the claimant at Rs.6000/- per month on the basis of evidence come on record. He further contended that the amount of compensation awarded in the present case is just, fair and reasonable, and no interference in it is called for. 4. I have considered the submissions of the learned counsel for the appellants and examined the impugned Award. The Tribunal, in absence of any documentary evidence, has assessed the monthly income of the deceased at Rs.6,000/-. It must be observed that from the evidence it is not proved that the claimant was having his own shop and thereby regularly earning Rs.6000/- per month. In my considered view, looking to the nature of work of the claimant, the reasonable amount of monthly income of the claimant-respondent ought to be determined at Rs.4,500/-. Taking the monthly income of the claimant at Rs.4,500/-, the amount of award under the head of loss of income for eight months should be reduced from Rs.48000/- to Rs.36000/-. The annual income would then come to Rs.54000/- instead of Rs.72,000/- and on that basis applying the multiplier of 17 with 12% permanent disability, he should be awarded the sum of Rs.1,10,160/- under the head of permanent disability and loss of future income 5. Consequently, the appeal is partly allowed.
The annual income would then come to Rs.54000/- instead of Rs.72,000/- and on that basis applying the multiplier of 17 with 12% permanent disability, he should be awarded the sum of Rs.1,10,160/- under the head of permanent disability and loss of future income 5. Consequently, the appeal is partly allowed. The amount of compensation of Rs.48,000/- under the head of loss of income is reduced and under this head the claimant is awarded Rs.36,000/-. The amount of compensation of Rs.1,46,880/- under the head of permanent disability and loss of future income, is reduced and, as discussed above, under this head the claimant is awarded a sum of Rs.1,10,160/-. The amount awarded under other heads is maintained. The impugned award is accordingly modified. No order as to costs.