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Rajasthan High Court · body

2012 DIGILAW 693 (RAJ)

Babu Lal v. Suresh Kalal

2012-03-20

MAHESH BHAGWATI

body2012
BHAGWATI, J.—Challenge in this appeal is to the judg-ment and award dated 6.2.2001, whereby the learned Motor Accident Claims Tribunal, Dausa decreed an amount of Rs.1,60,000/- in favour of claimant appellant and against the respondents non claimants. 2. Learned counsel for the appellant canvassed that in the Second Schedule appended to the Motor Vehicle Act, Rs.15,000/- is prescribed to be the notional income of a non earning member, but the learned Tribunal arbitrarily computed the loss of dependency on the basis of Minimum Wages Act. Hence, the impugned award be modified and the quantum of compensation be enhanced. 3. E Contra, learned counsel appearing for the respondents-Insurance Company defended the impugned award. 4. Having heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned award, it is noticed that in the instant case, the accident took place in the year 1998 and at that time, the husband of the deceased Smt. Kali himself came forward with the case that she was earning Rs. 65/- per day. Hence, it cannot be said that the deceased was not earning anything. In view of this fact, the notional income of the deceased as per the Schedule annexed with the M.V. Act could not be taken into consideration. Since the claimant appellant himself stated that his wife Smt. Kali was getting wages of Rs. 65/-, but there was no proof of it, hence in view of this fact, the learned Tribunal rightly considered the Minimum Wages prevailing at the relevant point of time and taking into consideration the fact that the husband was the only dependent and the deceased was issue-less, the learned Tribunal rightly awarded Rs. 1,60,000/- to be the quantum of compensation. 5. The impugned award is well merit, based on cogent finding, with which I fully concur. I do not find any ground to interfere with the impugned award. 6. For the reasons stated above, the appeal filed by the claimant appellant fails and the same being bereft of any merit deserves to be dismissed, which stands dismissed accordingly.