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2013 DIGILAW 1402 (RAJ)

Shanti Devi v. Mod Singh

2013-08-02

V.K.MATHUR

body2013
JUDGMENT 1. - The appellant has filed present appeal against the judgment and award dated 15.5.2000 passed by the judge, Motor Accident Claims Tribunal- I, jodhpur in M.A.C.T Case No. 415/1995 (248/1992), for enhancement of the award amount. 2. As per facts of the case, on 18.3.1992 deceased Gorakh Dan, along with Kan Dan and Seni Dan were coming to Pokaran from jodhpur by sitting on Truck No. RJ-19-G-1314, driven by Bheru Singh. On Jodhpur-Dechu road, after Balesar when their Truck reached near Dheerji-ki-dhani, one Truck No. RSN-2595 going ahead of them, which was being driven rashly and negligently, abruptly turned to the right; as a result of this, there occurred collision of both the trucks. In this collision, the thick in which Gorakh Dan was sitting, toppled towards left. in this accident Gorakh Dan sustained serious injuries on his head and body and he died at the spot. 3. In the claim petition, the appellant-claimants, contended that they were wholly dependent on the deceased and at the relevant time, the deceased was 27 years of age, he was working in Durby Textiles Ltd and his monthly salary was 1364.40 per month. It was also contended that salary of the deceased would have reasonably enhanced in ensuing years tip to Rs. 2000/- per month. With these contentions, compensation to the tune of Rs. 9,62,000/- was claimed. 4. On the basis of pleadings of the parties, learned Tribunal framed seven issues. In support of their claim, the appellant-claimants examined PW-1 Kan Dan, PW-2 Shanti Devi and PW-3 Sheni Dan and exhibited 17 documents. In defence, DW-1 Jugal Kishore was examined and copy of the policy Ex.A1 was exhibited. 5. The learned Tribunal, upon appreciation of evidence produced by the parties, awarded total compensation of Rs. 1,99,000/- against loss of income, funeral and other expenses, loss of company, love and affection and sufferings by physical and mental agony; jointly and severally against the non-petitioners and in equal proportion by the two insurance Companies (respondents No. 3 and 6). 6. Learned counsel for the appellants contended that the deceased Gorakh Dan was 27 years of age and in the employment of Derby Textiles Ltd. and his salary was to be revised. It was also contended that the learned Tribunal erred in not correctly considering the future income of the deceased and prayed for enhancement of the amount of compensation to the appellant-claimants. It was also contended that the learned Tribunal erred in not correctly considering the future income of the deceased and prayed for enhancement of the amount of compensation to the appellant-claimants. Learned counsel for the appellants, in support of his contentions, placed reliance on the judgment of Hon'ble Apex Court in 2013 ACJ 1403, Rajesh & Ors. v. Rajbir Singh & Ors . 7. On the other hand, learned counsel for the insurer (respondent No. 3) supported the judgment and award passed by the learned Tribunal and stated that the amount of compensation awarded is just and proper and contended that the appeal of appellant-claimants for enhancement has no substance and the same is liable to be dismissed. 8. I have heard contentions of both sides and perused the impugned judgment and award as well as the material on the record. 9. The main contention of the appellant-claimants in the present appeal for enhancement of compensation is that future income prospects of the deceased of appellant claimants was not properly appreciated by the learned Tribunal in awarding the compensation. 10. In view of facts oil the record, monthly income of the deceased Gorakh Dan is taken at Rs. 1400/ . As regard applying multiplier of 18, 1 find no reason to interfere on that count. In this view of the matter and considering the fact that age of the deceased was 27 years at the time of accident, applying above multiplier after deducting ⅓rd of the monthly income towards personal expenses, the loss of income to dependent-appellants comes to Rs. 933x12x18= Rs. 2,01,528/-. 11. The claimant-appellants are entitled to a further amount of 50% of the amount awarded for loss of future income, under the category of future prospects, which would result in an increase of Rs. 1,00,764/- (50% of Rs. 2,01,528/-). 12. Having considered the judgment of the learned Tribunal vis-a-vis material on the record, in the totality of facts and circumstances, I find no case for interference on compensation awarded by the learned Tribunal on other heads. Therefore, ends of justice would be met if amount of compensation due to death of victim Gorakh Dan is enhanced by Rs. 1,00,764/- + Rs. 21,528/- (difference as calculated by the Tribunal) = Rs. 1,22,292/-. Thus, the total amount of compensation would be Rs. 3,21,292/-. 13. Hence, the claimant-appellants are entitled to enhanced compensation of Rs. Therefore, ends of justice would be met if amount of compensation due to death of victim Gorakh Dan is enhanced by Rs. 1,00,764/- + Rs. 21,528/- (difference as calculated by the Tribunal) = Rs. 1,22,292/-. Thus, the total amount of compensation would be Rs. 3,21,292/-. 13. Hence, the claimant-appellants are entitled to enhanced compensation of Rs. 1,22,292/- (Rupees One Lac Twenty Two Thousand Two Hundred Ninety Two) along with interest at the rate of 7% per annum, from the date of filing of claim petition (16.9.1992) till the date of deposit of the computed amount before learned Tribunal. 14. The respondent No. 3-United India Insurance Company and the respondent No. 6-The New India Assurance Company Ltd. are directed to deposit the total enhanced compensation of Rs. 1,22,2921- (Rupees One Lac Twenty Two Thousand Two Hundred Ninety Two), along with interest thereon as above, in equal proportions, before the learned Tribunal within a period of 30 days from the date of this order. 15. Consequently, the appeal is allowed to the extent indicated above. In the facts and circumstances of the case, there shall be no order as to costs.Appeal Party Allowed. *******