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Rajasthan High Court · body

2019 DIGILAW 2722 (RAJ)

Asuri v. Chairman R S R T C

2019-10-21

PUSHPENDRA SINGH BHATI

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JUDGMENT Pushpendra Singh Bhati, J. - With the consent of learned counsel for the parties, the matters have been heard finally. 2. These are the cross misc. appeals arising out of the same accident, which happened on 03.04.2005 at about 8:00 PM, when the deceased motorcycle rider was going towards Maliyon Ki Dhani. At that time, at Merta Kalru he was hit by a Roadways Bus bearing registration No.RJ19 P 4594, which was being driven rashly and negligently. 3. The Appeal No.1197/2007 has been preferred by the claimants seeking enhancement of the award and Appeal No.236/2007 preferred by the Rajasthan State Road Transport Corporation (RSRTC) is for establishing contributory negligence of the motorcycle rider i.e. deceased Dev Karan. 4. Learned counsel for the RSRTC submits that the independent witnesses, who were passengers in the Bus in question have clearly deposed that the negligence was on the part of motorcycle rider. Learned counsel for RSRTC further submits that witnesses of claimants have stated that there was a distance between the motorcycle and Bus, which was of an agricultural field, and thus, is not trustworthy. 5. Learned counsel for RSRTC also submits that the Bus in question was being driven appropriately and the driver as well as two independent witnesses who were the passengers, clearly deposed in favour of such stand. 6. Learned counsel for the claimants submits that the prescribed parameters of minimum wages ought to have been adhered to and the precedent law laid down by Hon'ble Apex Court in National Insurance Company Limited Vs. Pranay Sethi & Ors., (2017) AIR SC 5157 , ought to be kept in mind while computing the compensation awardable to the claimants. 7. After hearing learned counsel for the parties as well as perusing the record of the case, this Court finds that the Appeal No. 236/2007 preferred by RSRTC cannot be accepted, as the learned Tribunal has rightly arrived at a conclusion that the so called independent witnesses in name of passengers did not carry any tickets, and therefore, cannot be said to be proper independent witnesses. Moreover, the learned Tribunal has also carefully examined the site plan, which this Court has also seen, in which a neutral authority of police has clearly found negligence on the part of the Bus driver. Moreover, the learned Tribunal has also carefully examined the site plan, which this Court has also seen, in which a neutral authority of police has clearly found negligence on the part of the Bus driver. This Court also finds that the observation made by inspecting authority that the right portion of the driver side of the Bus was dented, also speaks for itself. 8. There is thus no reason to grant any indulgence to RSRTC on merits. Accordingly, the Appeal No.236/2007 preferred by RSRTC fails. 9. However, the Appeal No.1197/2007 preferred by the claimants ought to be allowed to the extent of computation of the wage, as per the minimum wages prevailing at the time of accident and also by adhering to the precedent law of National Insurance Company Limited Vs. Pranay Sethi & Ors.(supra). 10. Learned counsel for the parties were asked to jointly submit a re-computation of the compensation while adhering to the precedent law of National Insurance Company Limited Vs. Pranay Sethi & Ors. (supra). The joint re-computation submitted by learned counsel for the parties before this Court, reads as follows:- Age of the Deceased 40 Multiplier 15 Future Prospects 25% Personal Expenses Deduction 1/4 Monthly Income of the Deceased Rs.1,898/- Monthly Income after adding Future Prospects Rs.2,372.5/- Monthly Income after deducting Personal Expenses Rs.1,779.38/- Yearly Income of the deceased Rs.21,352.56/- Total Income after applying Multiplier Rs.3,20,288.4/- Other Conventional Heads Rs.70,000/- Total Award Rs.3,90,288.4/- Compensation awarded by Tribunal Rs.2,05,000/- Enhanced Award. Rs.1,85,288.4/- 11. In view of the above, and in light of the precedent law of National Insurance Company Ltd Vs. Pranay Sethi (supra), the enhanced award of Rs.1,85,288/- is granted which shall be payable 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. 12. Resultantly, the Appeal No.236/2007 preferred by RSRTC is dismissed; and Appeal No.1197/2007 preferred by the claimants is allowed, in the above terms. All pending applications also stand disposed of.