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Rajasthan High Court · body

2019 DIGILAW 2179 (RAJ)

Bajarangi Meena v. Nadeem Alam

2019-08-13

GOVERDHAN BARDHAR

body2019
JUDGMENT : Goverdhan Bardhar, J. 1. The claimants appellants have filed the instant appeal against the impugned award dated 28.5.2011 passed by the Motor Accident Claims Tribunal, Sawaimadhopur (Raj.) by which they have sought relief for enhancement of the amount of compensation as claimed by them in their claim case. 2. The grounds taken by the claimants appellants in this appeal for enhancement of award of compensation are that the learned claims Tribunal while passing the impugned judgment and award has erred in not considering future prospects of the deceased, the amount of compensation awarded to the claimants appellants under different heads is very meagre as the total amount of compensation awarded by the learned tribunal is Rs. 3,33,367/- with interest @ 6% per annum from the date of presentation of claim case i.e. 04.11.2009, whereas the claimants appellants had claimed total compensation to the tune of Rs. 19,77,000/-. In support of his submissions, the learned counsel for the appellants claimants have placed reliance on the Judgment delivered by the Hon'ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi reported in AIR 2017 SC 5157 : 2017 (4) RLW 3248 (SC). 3. In the claim petition it is admitted that deceased was engaged in agriculture work and doing labour work. He was 45 years of age. In the case of National Insurance Company Limited vs. Pranay Sethi (supra), Hon'ble Apex Court has held that determination of income while computing compensation as to include future prospects so that the method will come within the ambit and sweep of just compensation as postulated under Section 168 of the Act. The Apex Court has further held that taking into consideration cumulative factors, namely, passage of time, changing society, escalation of price, change in price index, human attitude to follow particular pattern of life etc., addition of 40% of established income of deceased towards future prospects where deceased was below 40 years addition of 25% where deceased was between age of 40 to 50 years would be reasonable. While determining income, an addition of 50% of actual salary to income of the deceased towards future prospects, where deceased had a permanent job and was below the age of 40 years, should be made. Addition should be 30%, if age of deceased was between 40 to 50 years. While determining income, an addition of 50% of actual salary to income of the deceased towards future prospects, where deceased had a permanent job and was below the age of 40 years, should be made. Addition should be 30%, if age of deceased was between 40 to 50 years. In case deceased was between age of 50 to 60 years, addition should be 15%. Actual salary should be read as actual salary less tax. 4. Learned counsel for the respondents/non-claimants submits that the deceased was not in permanent employment. Thus, there is no scope of enhancement of amount of compensation in the quantum as awarded by the learned Tribunal. In this matter, the Tribunal has failed to include future prospects while determining income of deceased. Hence, the claimants/appellants are entitled to get compensation under head of "future loss of income" as regards age and income of deceased. On the basis of evidence brought on record, the Tribunal rightly decided that at the time of death Shri Kishan Gopal was 45 years of age whereas deceased was between the age of 40 to 50 years. Addition of 25% towards future prospects would be reasonable. Thus calculation of the compensation amount would be: Actual income X Apposite multiplier = 3000 x 12 x 13 4,68,000/- After deducting personal expenses 2/3rd of 4,68,000 3,12,000/- +25% of future prospect Rs. 78,000/- + non pecuniary loss Rs. 70,000/- Medical bills Rs. 1,367/- Total amount of compensation comes to Rs. 4,61,367/-. In view of above, the impugned judgment and award dated 28.05.2011 passed by the Court of learned Motor Accident Claims Tribunal, Sawai Madhopur is accordingly modified. The awarded amount of compensation Rs. 3,33,367/- is enhanced to Rs. 4,61,367. The claimants appellants are entitled to get total amount of enhanced compensation of Rs. 4,61,367/- with interest @ 6% per annum from the date of presentation of the claim case. The misc. appeal is accordingly partly allowed as indicated above.