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2018 DIGILAW 1790 (RAJ)

Jagdish Prasad v. Lalchand

2018-08-27

PRAKASH GUPTA

body2018
JUDGMENT Prakash Gupta, J. - This civil miscellaneous appeal is directed against the judgment and award dated 20.03.2018 passed by the Motor Accident Claims Tribunal, Sikar (hereinafter referred to as 'the tribunal') whereby the tribunal awarded compensation to the tune of Rs. 10,57,716/- in favour of the appellants/claimants on account of death of Meva @ Rekha. 2. The appellants have filed a claim petition under section 166 of the Motor Vehicles Act, 1988 on account of death of Meva @ Rekha, who died in a road accident which took place on 29.11.2015, near Ladpur Stand. After hearing both the parties, the tribunal by its judgment and award dated 20.03.2018, awarded a sum of Rs. 10,57,716/- as compensation to the appellants along with interest @ 7% per annum from the date of filing of the appeal till realisation of the amount. 3. It is submitted by the learned counsel for the appellants that there was sufficient evidence available on record, which proves that the deceased was earning Rs. 400-500 per day but the tribunal failed to consider the same and has wrongly assessed the income of the deceased to be Rs. 5,226/- per month. It is also submitted that towards loss of love and affection, no amount has been awarded by the tribunal. Thus, the compensation awarded by the tribunal deserves to be enhanced. 4. I have heard learned counsel for the appellants and have also gone through the impugned judgment and award. 5. The tribunal has rightly considered the age of the deceased as 39 years. It was claimed that the deceased was earning Rs. 15,000/- being a labourer. But there was no such documentary evidence to prove the income of the deceased being Rs. 400-500 per day i.e. Rs. 15,000/- per month. However, as the incident is of the year 2015, thus as per the provisions of the Minimum Wages Act, her income has been considered by the tribunal as Rs. 5,226/- per month, which comes to Rs. 62712/- per year. Further, as per the latest pronouncement of the Constitutional Bench of the Hon'ble Supreme Court in National Insurance Company Ltd., vs. Pranay Sethi, reported in AIR 2017 SC 5157 , as the deceased was below 40 years of age at the time of the death. Therefore, an addition of 40% of income towards future prospects has to be considered which comes to Rs. 25,085/- per year. Therefore, an addition of 40% of income towards future prospects has to be considered which comes to Rs. 25,085/- per year. In the light of the judgment of the Hon'ble Apex Court in Sarla Verma & Ors., vs. Delhi Transport Corporation & Anr., 2009 (2) T.A.C. 677 (SC) , applying the multiplier of 15, the total annual income of the deceased has been assessed as Rs. 87,797(62,712+25,085)x15 = 13,16,955/-. In view of this fact that there are four dependants of the deceased, the tribunal deducted one fourth of the income towards personal expenses of the deceased, which comes to Rs. 3,29,239/- per year. Therefore, the dependency has been assessed as Rs. 9,87,716/- per year. Besides this amount, a total sum of Rs. 70,000/- has been awarded under general and non-pecuniary heads. Thus, a total sum of Rs. 10,57,716/- has been awarded as compensation to the appellants-claimants along with interest @ 7% p.a. from the date of filing of the petition till realization of the amount. 6. In my considered view, the tribunal considering each and every aspect and taking into consideration the facts and circumstances of the case, has rightly awarded a sum of Rs. 10,57,716/- as compensation to the appellants along with interest, as noted above, and therefore, the impugned judgment calls for no interference by this Court. 7. Consequently, the appeal fails and is accordingly dismissed.