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2012 DIGILAW 378 (RAJ)

Kamla v. Jai Kumar Punjabi

2012-02-09

NISHA GUPTA

body2012
Hon'ble GUPTA, J.—This appeal has been filed under Section 173 of the Motor Vehicles Act for enhancement against the award dated 7.8.2002 in MAC No. 57/2000. 2. The brief facts of the case according to claim petition are hat and accident took place on 5.1.2000 when the deceased was traveling as a pillion rider on a motor cycle. When the aid motor cycle reached near the Genholi Mod, a jeep bearing No. RJ-14P-7223 came from opposite direction being driven rashly and negligently by the respondent No.1 and dashed the motor cycle due to which both the persons traveling on the motor cycle died on the spot and passengers, who were traveling in the jeep, sustained injuries. The claim petition was preferred by the legal heirs of deceased Bajrang Singh. 3. Heard learned counsel for the appellants and perused the record, specially the impugned judgment and award. 4. The contention of the present appellants is that the learned Tribunal has failed to consider the future prospects of the deceased and the learned Tribunal ought to have calculated the dependency on the higher side. Income of the deceased has also not been considered and looking to the age of the deceased, multiplier adopted by the learned Tri8bunal is on lower side. 5. It was stated by the wife of the deceased that her husband was a motor mechanic and he was earning Rs.300-400/- as day. It was also stated that he was also having an agricultural land. 6. It is not in dispute that the agricultural land is still with the claimants but looking to the fact that the deceased was a minor mechanic, his income should be assessed @ Rs. 2,500/- per month and looking to the number of dependents, which are four in number, 1/4th deduction should be made. 7. Accordingly, the amount of compensation in the head of loss of dependency comes to 1875 x 12 x 17 = Rs. 3,82,500/-. Under the other statutory heads the learned Tribunal has awarded a sum of Rs. 40,000/-. Hence, the total compensation comes to Rs. 3,82,500 + Rs. 40,000/- = Rs. 4,22,500/-, out of which the learned Tribunal has awarded Rs. 3,12,000/-. Hence, the compensation is enhanced by Rs. 4,22,500 - Rs. 3,12,000 = Rs.1,10,500/-. 8. In the result, the appeal succeeds and is allowed. 40,000/-. Hence, the total compensation comes to Rs. 3,82,500 + Rs. 40,000/- = Rs. 4,22,500/-, out of which the learned Tribunal has awarded Rs. 3,12,000/-. Hence, the compensation is enhanced by Rs. 4,22,500 - Rs. 3,12,000 = Rs.1,10,500/-. 8. In the result, the appeal succeeds and is allowed. The compensation is enhanced by Rs.1,10,500/- along with interest @ 7½% from the date of filing of appeal till payment is made.