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Rajasthan High Court · body

2012 DIGILAW 418 (RAJ)

Ayodhya Devi v. Nand Ram

2012-02-10

NARENDRA KUMAR JAIN

body2012
JAIN-I, J.—Heard learned counsel for the parties. 2. At the request of parties, arguments were heard and appeal is being disposed off finally. 3. The claimants/parents of deceased Mahesh Kumar have preferred this appeal for enhancement of the amount of compensation awarded by Motor Accident Claims Tribunal, Tonk in MACT Case No.309/2002 vide judgment/award dated 31st May, 2004. Learned Tribunal has awarded following amount of compensation : 1. For loss of Income : Rs. 4,08,000/- 2. For loss of love and affection : Rs. 20,000/- 3. For Funeral Expenses : Rs. 5,000/- Total : Rs. 4,33,000/- 4. Learned counsel for both the parties argued the case, but during the course of arguments, they did not dispute the age, income of the deceased and multiplier to be used for the purpose of computing the compensation in the present case. They agreed that Rs.6,000/- per month be treated as income of deceased, as assessed by Tribunal and age of claimant-mother, Smt.Ayodhya Devi be treated as 45 years and as per second schedule appended with Motor Vehicles Act, 1988, the multiplier of 15 be applied in the case. 5. The Tribunal, in the present case, has directed to deduct 2/3rd amount for personal expenses of the deceased and has calculated the amount of compensation on the basis of Rs.2,000/- per month. 6. Submission of learned counsel for appellant in this regard is that as per judgments of Hon’ble Supreme Court, the amount for personal expenses of deceased can be 1/3rd or at the most 1/2, whereas learned counsel for respondents submitted that it should be 1/2 only, however, during the course of arguments, learned counsel for both the parties agreed that 1/2 amount may be deducted for personal expenses of the deceased and amount of compensation for loss of income may be awarded as under :- Rs.6000-1/2X12X15= Total Rs.5,40,000/- As agreed by both the parties, the amount of compensation for loss of income is awarded as Rs.5,40,000/- in place of Rs.4,08,000/- awarded by Motor Accident Claims Tribunal. Thus, total amount of compensation in the present case comes as under :- 1. For loss of Income : Rs. 5,40,000/- 2. For loss of love and affection : Rs. 20,000/- 3. For Funeral Expenses : Rs. 5,000/- Total : Rs. 5,65,000/- 7. In view of above discussions, the appeal is allowed. The award of Tribunal is modified. Thus, total amount of compensation in the present case comes as under :- 1. For loss of Income : Rs. 5,40,000/- 2. For loss of love and affection : Rs. 20,000/- 3. For Funeral Expenses : Rs. 5,000/- Total : Rs. 5,65,000/- 7. In view of above discussions, the appeal is allowed. The award of Tribunal is modified. The amount of compensation is enhanced from Rs.4,33,000/- to Rs.5,65,000/- as agreed by both the parties. 8. Learned counsel for both the parties, fairly and frankly, also agreed about rate of interest and the date from which it has to be awarded. As agreed, the interest on enhanced amount shall be paid @ 6% per annum from the date of filing of the appeal in the High Court i.e. 13th September, 2004. 9. Parties are directed to bear their own costs. 10. Two months time, as prayed for, is allowed to learned counsel for respondents to make the payment.