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2019 DIGILAW 2678 (RAJ)

Jethu Singh v. Udham Singh

2019-10-15

PUSHPENDRA SINGH BHATI

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JUDGMENT Pushpendra Singh Bhati, J. - The appellant has preferred this appeal seeking enhancement of the compensation awarded vide judgment dated 27.8.2009 passed by Motor Accident Claims Tribunal, Bikaner. 2. The unfortunate accident happened on 14.5.2007 when the deceased Smt. Hawa Kanwar, wife of the appellant, was going in Mahendra Jeep No.RJ19-C-5973 towards her Village Surjada from Bhinasar and the said jeep collided with turbo truck no.RJ07- GA-2232 which was being driven rashly and negligently. As a result of this accident, Smt.Hawa Kanwar suffered injuries and died. 3. Learned counsel for the appellant submits that there is no dispute in the factual matrix which has been arrived by the learned Tribunal. It is an admitted position that the learned Tribunal while deciding the issue no.5 has arrived at a conclusion that the wife of the appellant was earning Rs.3,000/- per month and the age of deceased was between 25-30 years. 4. Learned counsel for the respondents does not dispute to the factual matrix. However, learned counsel for the respondents only submits that the deduction towards personal expenses of the deceased wife should be half (1/2). 5. After hearing the learned counsel for the parties and perusing the record, this Court finds that there is no dispute with regard to the factual matrix of the case. This Court is of the opinion that in normal circumstances, it can be safely presumed that no husband is dependent upon his wife but still this Court deems it proper to make 1/2 deduction towards personal expenses of the deceased. 6. In view of the above, learned counsel for the parties were asked to jointly submit the calculation afresh as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors., (2017) AIR SC 5157 , which they have furnished before this Court and the same reads as follows:- Age of the Deceased 25-30 Multiplier 17 Future Prospects 40% Deduction on count of Personal Expenses 1/2 Monthly Income of the Deceased Rs.3,000/- Monthly Income after adding Future Prospects Rs.4,200/- Monthly Income after deducting Personal Expenses Rs.2,100/- Yearly Income of the deceased Rs.25,200/- Total Income after applying Multiplier Rs.4,28,400/- Other Conventional Heads 70,000/- Total Compensation Rs.4,98,400/- Compensation awarded by Tribunal Rs.1,00,000/- Enhanced Award Rs.3,98,400/- 7. Thus, in light of the precedent law of National Insurance Company Ltd Vs. Thus, in light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra), the enhanced award of Rs.3,98,400/- is granted which shall be payable to the appellants along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within three months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after three months from today) till actual payment is made. 8. The appeal is accordingly disposed of. All pending applications also stand disposed of.