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2019 DIGILAW 2727 (RAJ)

Kavita Devi v. Gopal Ram

2019-10-22

PUSHPENDRA SINGH BHATI

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JUDGMENT Pushpendra Singh Bhati, J. - No one has put in appearance on behalf of the appellants-claimants, even in the second round. 2. With the consent of learned counsel for the respondents, the matter has been heard finally. 3. This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants-claimant claiming the following reliefs: "It is, therefore, prayed that this appeal may kindly be allowed, impugned Award and decree may be modified to the extent that the income of Late Shri Daulat Ram be assessed as 3500/- per month and accordingly the amount of Award on this head should be awarded in favour of the appellants. Any other relief which this Hon'ble Court deems fit may be granted in favour of the appellants." 4. Learned counsel for the respondents at the outset points out that the appeal is for enhancement. 5. The unfortunate accident had happened between Hanumangarh and Bikaner when deceased Daulat Ram was travelling along with other persons, in a Jeep bearing registration No.RSF 7919 on 08.05.1990 and at that time, the said Jeep collided with truck bearing registration No.RNF 1811. The learned Tribunal has awarded the compensation of Rs.1,62,000/- along with 12% interest. 6. After hearing learned counsel fro the respondents and examining the record of the case, this Court finds that the learned Tribunal has taken the annual wages of the deceased as Rs.15,000/- and after deducting the personal expenses of Rs. 5,000/-, Rs.10,000/- yearly has been found to be the expenditure of the family/dependants. The age of the deceased was 45 years. The factual matrix arrived at by the learned Tribunal is not to be interfered with and does not call for any interference. 7. However, this Court directed the learned counsel for the respondents to fresh a fresh re-computation as per the precedent law laid down by the Hon'ble Apex Court in National Insurance Company Limited Vs. Pranay Sethi & Ors., (2017) AIR SC 5157 . The re-computation as furnished by learned counsel for the respondents reads as follows:- Age of the Deceased 45 Multiplier 14 Future Prospects 25% Personal Expenses Deduction (5 dependants) 1/4 Yearly Income of the Deceased Rs.15,000/- Yearly Income after adding Future Prospects Rs.18,750/- Yearly Income after deducting Personal Expenses Rs.14,062.5/- Total Income after applying Multiplier Rs.1,96,875/- Other Conventional Heads Rs.70,000/- Total Award Rs.2,66,875/- Compensation awarded by Tribunal Rs.1,62,000/- Enhanced Award. Rs.1,04,875/- 8. Rs.1,04,875/- 8. 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.1,04,875/- is granted which shall be payable along with interest @ 6% per annum at the interest already awarded 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. 9. The appeal is accordingly disposed of. All pending applications also stand disposed of.