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2012 DIGILAW 415 (RAJ)

Dhanni v. Babu Lal

2012-02-10

NISHA GUPTA

body2012
GUPTA, J.—This misc. appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 for enhancement of amount of compensation against the award dated 13.11.2002 passed by learned MACT, Dausa in MAC No. 190/1995 by which a sum of Rs. 1,97,000/- has been awarded in favour of the claimants/appellants. 2. The brief facts giving rise to this appeal as alleged in the claim petition are that on 17.5.1995 deceased Harsahai along with his brother Gyarsa was going from Dubbi to his village Reta on bullock cart. Suddenly a jeep No. RJ 25 C 0376 came from back side and dashed the bullock cart as a result of which, deceased Harsahai has died. Both the bullocks were also died and bullock cart was broken. The claim petition has been preferred by the claimants/appellants for enhancement of the amount of compensation which has been awarded by the learned Tribunal. 3. Heard learned counsel for the appellants and perused the relevant record especially the impugned judgment and award. 4. The contention of the counsel for the appellants is that the learned Tribunal has only awarded Rs. 15,000/- as against the damage to bullock cart and death of bullocks. Hence, the compensation in this head should be properly enhanced. It was also stated that income of the deceased was Rs. 3500/- per month which has not been properly appreciated by the learned Tribunal looking to the number of dependents. The Tribunal has committed error in deducting 1/3rd of assessed income and nothing has been awarded for loss of love and affection. Hence, compensation should be enhanced properly. 5. It has been stated that the deceased was working as mason and was earning Rs. 100/- per day. But, looking to the material on record, the learned Tribunal has rightly assessed the income as Rs. 50/- per day looking to the minimum wages prevalent in 1995 and assessed the dependency accordingly. 6. The contention of the appellants that looking to the number of dependents, deduction of 1/3rd for personal expenses is on higher side seems to be sound. It is not in dispute that the present appellants who are six in number were dependents on the deceased and looking at the above and taking note of the principles elaborated in Sarla Verma's case, it would be appropriate that deduction for personal expenses of deceased should be 1/5th. 7. It is not in dispute that the present appellants who are six in number were dependents on the deceased and looking at the above and taking note of the principles elaborated in Sarla Verma's case, it would be appropriate that deduction for personal expenses of deceased should be 1/5th. 7. It has also been stated that only Rs.15,000/- has been awarded for loss of bullocks and bullock cart. No documentary evidence has been produced regarding value of bullocks and cart. Hence, compensation of Rs.15,000/- has rightly been awarded by the Tribunal. 8. Learned Tribunal has not awarded anything for loss of love and affection to the appellants No. 2 to 6. At the same time, only Rs. 5000/- has been awarded for loss of consortium to the appellant No.1 wife. Hence, it will be appropriate to award Rs. 5000/- to each dependents/ appellants No.2 to 6 for loss of love and affection and Rs. 10,000/- to appellant No.1 for loss of consortium instead of Rs. 5,000/- which has already been awarded. 9. Thus, the compensation in the head of loss of income comes to 18000 (annual income) - 3600 1/5th deduction) = Rs. 14400 x 15 (multiplier) = Rs. 2,16,000/- - Rs. 1,80,000 (already awarded) = Rs. 36,000/-. Besides this, Rs. 25000/- to appellants No. 2 to 6 for loss of love and affection and Rs. 5,000/- (increased for loss of consortium to appellant No.1 wife). Thus, total Rs. 66000/- is enhanced. Other conditions of the impugned award shall remain same. 10. In the result, the appeal is partly allowed and the compen-sation is enhanced by Rs.66,000/- along with the interest @ 7.5% per annum from the date of filing of appeal till actual payment is made.