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Rajasthan High Court · body

2012 DIGILAW 1240 (RAJ)

Pista Devi v. Sher Mohd.

2012-05-11

MOHAMMAD RAFIQ

body2012
RAFIQ, J.—This appeal has been preferred seeking enhancement of compensation of Rs.4,10,000/- that was awarded by the Motor Accident Claims Tribunal, Kotputli, District Jaipur vide award dated 8/12/2005 for the death of deceased late Shri Giriraj aged 23 years in a road accident involving the vehicle insured with respondent No.3-The Oriental Insurance Co.Ltd. 2. Learned counsel for the appellants has cited the judgment of Supreme Court in Santosh Devi vs. National Insurance Company Ltd. and others dated 23/4/2012 passed in Civil Appeal No.3723 of 2012 arising out of SLP (C)No.24489 of 2010, wherein Supreme Court held that the workers and employees working in private and unorganized sectors should also be held entitled to future prospects. The court took judicial notice of the fact that with a view to meet the challenges posed by high cost of living, the persons falling in that category would be affected rather more adversely. It was held that a person who is self-employed or is engaged on fixed wages will also get 30% increase in his total income. 3. It was contended that Giriraj was 23 years of age at the time of accident in the year 2003. He was a mason and he used to earn Rs.150/- per day and apart from the masonry work, he in the extra time used to make the Pots because he was a Potter by caste and earn additional sum. Tribunal erred in law only accepting income of Rs.2700/- per month while computing daily income of Rs.90/-. Tribunal wrongly held that he would not get the work on all 30 days in a month and therefore deducted the wages for few days. 4. Learned counsel for the respondent has opposed the appeal and submitted that as per the judgment of Supreme Court in Sarla Verma & Others vs. Delhi Transport Corporation & Another : (2009) 6 SCC 121 = 2009(1) CCR 276 (SC) = 2009(4) RLW 2785 (SC), benefit of future prospects only to those persons, who are salaried employees in the government or public sector undertaking or statutory Corporation or instrumentalities of the State or like where having prospects of getting increments, pay revision, promotion etc., are entitled to future prospects. In that also, Supreme Court has restricted 50% upto the age of 40 years of persons and 30% upto the age of 50 years. In that also, Supreme Court has restricted 50% upto the age of 40 years of persons and 30% upto the age of 50 years. Judgment of Supreme Court in Santosh Devi supra would be applicable to the case of the appellant because that judgment has been rendered now. Accident in the present case took place in 2003. Supreme Court in Santosh Devi supra while deviating from the judgment of Sarla Verma supra, held that the workers and employees working in private and unorganized sectors should also be held entitled to future prospects. The court took judicial notice of the fact that with a view to meet the challenges posed by high cost of living, the persons falling in that category would also be affected adversely. It was held that a person who is self-employed or is engaged on fixed wages will also get 30% increase in his total income. 5. In view of above, appellants are held entitled to receive future prospects by way of adding of 30% of the monthly income on the head of future prospects. 6. In the result, the appeal is partly allowed. The award of the Motor Accident Claims Tribunal, Kotputli, District Jaipur dated 8/12/2005 is modified to the following effect:- (a) Rs.2700/- p.m. accepted income. (b) Rs.810/- 30% of Rs.2700/- for future prospects. (c) 2700+810=Rs.3510. (d) 1/3rd of Rs.3510/- is Rs.1170. (e) 3510-1170=2340. (f) 2340 x 12 x 18 = 5,05,440. (g) Rs.5,000/- for funeral expenses, Rs.5,000/- for loss of estate and Rs.1800/- for transportation charges are maintained. (h) 505440 + 5000 + 5000 + 1800 = Rs.5,17,240/-. (i) The original award of Rs.4,10,000/- is enhanced to Rs.5,17,240/-. (j) The claimant-appellants shall be entitled to interest @6% on the enhanced amount of compensation of Rs.1,07,240/- from the date of filing claim petition. (k) Record be sent back to the Tribunal forthwith.