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2019 DIGILAW 2854 (RAJ)

R. S. R. T. C. v. Rachana

2019-11-18

PUSHPENDRA SINGH BHATI

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JUDGMENT Pushpendra Singh Bhati, J. - Appellant / RSRTC has preferred the present appeal under Section 173 of Motor Vehicles Act, 1988 claiming the following relief:- "In view of aforesaid submissions, it is, therefore, humbly prayed that impugned judgment and award dated 26.04.2000 may kindly be quashed and set aside, with costs." 2. The cross objectors have preferred the present crossobjection claiming the following relief:- "It is, therefore, prayed that the cross objection may kindly be allowed suitably throughout cost." 3. An unfortunate accident had happened on 14.10.1995 at about 2.00 P.M. when Nandkishore, who was riding the scooter bearing registration No.RJ 30/M 4191 was struck by the Roadways Bus bearing registration No.RNP 2670, which caused his death. The scooter was hit from behind. 3. The RSRTC has preferred the appeal claiming that there is contributory negligence. 4. Mr. PD Bohra appearing for Mr. MR Pareek representing the appellant submits that exhibit-7 which was on record reflected the contributory negligence. 5. Learned counsel for the appellant also submits that Bus driver Nathu Singh was examined and as per his evidence, the Bus was going at a very slow speed, but as another Bus was being toached and the scooter rider coming from the opposite direction with fast speed, the accident had caused, which clearly shows contributory negligence on the part of the scooter rider. 6. Learned counsel for the claimant, however, submits that the conclusion arrived at by the learned court below is correct and learned court below has dealt at length while concluding that the Roadways Bus hit the scooter from behind even when it was going on to left side of the road in question. As per learned counsel for the claimant the evidence of Parvat Singh has rightly been relied for coming to such conclusion. 7. As far as the cross-objection is concerned, learned counsel for the respondent makes a limited submission that the revised guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 05.11.2018 and the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Pranay Sethi and Ors., (2017) AIR SC 5157 , may be adhered to, to make recomputation. Pranay Sethi and Ors., (2017) AIR SC 5157 , may be adhered to, to make recomputation. However, learned counsel for the respondent seeks computation of the wages as per guidelines of Rajasthan State Legal Services Authority, which as per him, comes to Rs.30,000/-, as the age of the deceased was 31 years. 8. Thus, learned counsel for the parties, upon direction of this Court, jointly submitted the calculation afresh, as per the revised guidelines for settlement in MACT cases as issued by Rajasthan State Legal Services Authority dated 05.11.2018, which reads as follows:- Age of the Deceased 25 Multiplier 18 Future Prospects 40% Deduction on count of Personal Expenses 1/3 Monthly Income of the Deceased Rs.2,500/- Monthly Income after adding Future Prospects Rs.3,500/- Monthly Income after deducting Personal Expenses Rs.2,333.33/- Yearly Income of the deceased Rs.28,000/- Total Income after applying Multiplier Rs.5,04,000/- Other Conventional Heads Rs.70,000/- Total Compensation Rs.5,74,000/- Compensation awarded by Tribunal Rs.1,50,000/- Enhanced Award Rs.4,24,000 9. The enhanced award of Rs.4,24,000/- is granted which shall be payable along with interest @ 9% per annum from the date of filing of claim petition till actual payment is made, since the accident had happened in the year 1995. 10. In view of the aforesaid observation, the appeal of RSRTC is dismissed and the cross-objection is allowed. All pending applications also stand disposed of. Record of the learned Tribunal be sent back forthwith.