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Rajasthan High Court · body

2012 DIGILAW 677 (RAJ)

Manju Devi Meena v. Jai Ram Mali

2012-03-19

MAHESH BHAGWATI

body2012
BHAGWATI, J.—The claimants appellants have filed this appeal for the enhancement of quantum of compensation. 2. Heard learned counsel for the parties and perused the impugned award dated 17th September, 2011, rendered by the Motor Accident Claims Tribunal, Sambhar Lake, District Jaipur whereby the learned Tribunal decreed an amount of Rs. 6,48,000/- in favour of the claimants-appellants and against the non claimants-respondents. 3. Learned counsel for the appellants has confined only to one argument and contended that the future prospects of the deceased were not taken into consideration while reckoning the loss of dependency. Hence, the future prospects of the deceased may be considered and the amount towards the loss of dependency may be enhanced. 4. Having heard the learned counsel for the appellants and carefully perused the impugned award, it is noticed that the deceased was a Class-IV employee in Lal Bahadur Shastri College, Srimadhopur. Apex Court in some of the cases has observed that the future prospects of the deceased should be taken into consideration when he was permanently absorbed in a Government employment. So far as the instant case is concerned, the deceased was in private service, where the tenure of his service was totally uncertain. Otherwise too, what can be the future prospects of a person rendering the services of a peon in any private firm. The learned Tribunal is found to have rightly considered Rs. 5000/- to be the monthly income of the deceased and having considered all the aspects and critically analyzed the facts and circumstances ad-longum is found to have correctly determined Rs. 6,33,000/- towards the loss of dependency and awarded Rs. 6,48,000/- as quantum of compensation. The impugned award is well merited, based on cogent finding, with which I fully concur and I do not find any ground to make any interference in the impugned award. 5. For these reasons, the appeal fails and the same being bereft of any merit deserves to be dismissed, which stands dismissed accordingly.