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2012 DIGILAW 331 (RAJ)

Radha Rani v. National Insurance Co.

2012-02-07

MAHESH BHAGWATI

body2012
Hon'ble BHAGWATI, J.—Challenge in this appeal is to the judgment and award dated 22nd May, 2002 whereby the Motor Accident Claims Tribunal, Neem-Ka-Thana, decreed an amount of Rs.2,67,200/- in favour of the appellants-claimants and against the respondent Nos.1 to 3. Dissatisfied with the amount of compensation under the award, the appellants have beseeched to enhance the same. 2. In this case an accident took place on 13th December, 1996 at about 8.00PM-8.15PM. Both Navneet Kumar and Jaisaram were going to purchase cigarette accrossing the road after taking their meals. It is alleged that when both these persons were going, one Jeep bearing registration No.RJ-23-C-0071 being driven by its driver rashly and negligently suddenly emerged at a fast speed and hit both of them from their back as a result of which Naveen Kumar succumbed to injuries and Jaisaram sustained grievious injuries on his person. 3. Heard the learned counsel for the parties and carefully perused the relevant material on record. 4. Learned counsel for the appellants canvassed that the deceased Navneet Kumar was of the age of 28 years at the time of accident and being driver and conductor of other vehicle was earning Rs.2,000/- per month together with free food and other expenses. Despite there being tangible evidence with regard to his income of Rs.2,000/- of the deceased, the learned Tribunal considered only 60/- per day to be his income and determined a very low amount towards the loss of his future earnings. Similarly, no amount for the loss of consortium has been awarded and thus, the quantum of compensation needs to be enhanced and the impugned award deserves to be modified. 5. E-converso, the learned counsel for the respondent-Insurance Co. defended the impugned award and stated the same to be just and proper and contended that it did not warrant any intervention. 6. Having reflected over the submissions made at the bar and carefully perused the impugned award, it is noticed that the claimants have not produced any evidence so as to prove the income of the deceased to be Rs.2,000/- per month. 6. Having reflected over the submissions made at the bar and carefully perused the impugned award, it is noticed that the claimants have not produced any evidence so as to prove the income of the deceased to be Rs.2,000/- per month. In the absence of any reliable evidence with regard to the income of the deceased, the Tribunal is found to have taken the minimum wages prevailing at the relevant point of time into consideration, it is found that the minimum wages was less then 60/- per day on the date of death of Navneet Kumar yet the Tribunal considered Rs.60/- to be the daily income of the deceased. The Tribunal is found to have taken care of other heads also and the impugned award is found to be just and proper which suffers from no infirmity, I do not find any ground to interfere with the said award and thus, the appeal filed for the enhancement of quantum of compensation being devoid of any substance deserves to be dismissed. 7. For the reasons stated above, the appeal fails and the same being bereft of any merit stands dismissed.