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Rajasthan High Court · body

2011 DIGILAW 2612 (RAJ)

Chhoti Devi v. Subhas Chand Yogi

2011-11-29

MOHAMMAD RAFIQ

body2011
Hon'ble RAFIQ, J.—This appeal has been filed by claimants dissatisfied with award dated 11.09.2002 of learned Motor Accident Claims Tribunal, Sikar, in MAC Case No.223/1999, by which learned Tribunal awarded a compensation of Rs.1,42,800 to claimants against claim of Rs.11,21,200/-. 2. Learned counsel for claimants-appellants has made several arguments, however, he finally confined his argument to only one aspect that learned Tribunal though having held that deceased Sualal, who, at the relevant time, was 35 years of age, was an unskilled labour and notified minimum wages, at the time of accident took place on 26.06.1999, was Rs.64/- per day, determined his monthly income at Rs.1000/- and deducted Rs.300/- out of that towards his self-expenses. Thus, practically an insignificant amount of compensation has been awarded. Nothing has been awarded for loss of consortium to the widow as well as on the head of love and affection to four children. Since there were/are five claimants, learned Tribunal ought not to have made deduction of 1/3rd for self-expenses of the deceased, and in view of the judgment of the Supreme Court in Sarla Verma (Smt.) and Others vs. Delhi Transport Corporation and Another – (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), now such deduction cannot be more than 1/4th because number of claimants in the present case were/are five. 3. None has appeared for respondent No.3 Oriental insurance Company despite service of notice. However, in the present case, learned Triubnal has awarded compensation making all the respondents responsible jointly and severally. The Tribunal has accepted the argument of respondent insurance company that for a daily wager it is not necessary that he would get the work every day and on that presumption it has determined the income of the deceased at Rs.1000/- per month. In my considered view, such an approach cannot be appreciated particularly when the Tribunal itself has accepted that he was unskilled labour and he should get Rs.64/- per day, as an unskilled labour is used to pay Rs.64/- per day as per notified wages by the Government. In the second schedule appended to the Motor Vehicles Act, that was inserted by Act No.54 of 1994 and made applicable with effect from 14.11.1994, the notional income of a deceased ought to have been accepted at least Rs.15000/- per annum. In the second schedule appended to the Motor Vehicles Act, that was inserted by Act No.54 of 1994 and made applicable with effect from 14.11.1994, the notional income of a deceased ought to have been accepted at least Rs.15000/- per annum. Accepting Rs.15000/- per annum, as his notional income and applying multiplier of 17 at the age of the deceased, who, at the relevant time, was 35 years of age, and making a deduction of 1/4th for self-expenses of the deceased, the compensation would come to Rs.1,91,250/- (11250x17). The award of Rs.1000/- on the head of costs of litigation is maintained. However, the widow is held entitled to a sum of Rs.20,000/- for loss of consortium. Each of four children to a sum of Rs.5000/- on the head of love and affection, thus a total sum of Rs.20,000/-. For loss of consortium to widow and love and affection to each of four children, the appellants are held entitled to receive Rs.40,000/-. Compensation of Rs.5000/- is ordered to be paid for transportation of dead body and funeral expenses. As discussed above, the award of Rs.1,42,800/- is enhanced to Rs.2,37,250/-. 4. The appellants are thus held entitled to receive total compensation of Rs.2,37,250/- (191250+1000+20000+20000+5000). The appellants are also held entitled to receive interest at the rate of 7.5% per annum on the enhanced amount of compensation from the date of filing of the claim petition. Compliance of the judgment be made within a period of three months from the date its certified copy is produced before respondent No.3 insurance company. The appeal is accordingly allowed.