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Madhya Pradesh High Court · body

2019 DIGILAW 317 (MP)

Vidhyadevi Ahirwar v. Dharmendra Rajak

2019-04-12

VIVEK AGARWAL

body2019
JUDGMENT 1. This miscellaneous appeal has been filed under section 173 of Motor Vehicles Act, 1988 (hereinafter shall be referred to as the Act of 1988) challenging the award dated 27.9.2018 passed by the Court of Motor Accident Claims Tribunal, Datia in Claim Case No. 41/2018. It is submitted that Claims Tribunal has erred in considering the income of the deceased at the rate of Rs. 4,000/- per month against the established income of Rs. 7,982/- (Rs. 8000/- for the sake of convenience), which were the minimum wages for a semi-skilled labourer on the date of the accident i.e. 3.1.2018. 2. It is submitted that if such income would have been taken for the deceased, then there would have been substantial enhancement in the award amount. It is also submitted that a meager sum of Rs. 15,000/- has been awarded under the head of loss of estate taking into consideration table provided under section 163-A of the Act of 1988 and a sum of Rs. 15000/- under the head of last rites. 3. Learned counsel for the insurance company on the other hand submits that Claims Tribunal has erred in making an addition of 50% to the notional income of the deceased, whereas in the light of law laid down by the Hon'ble Supreme Court in the case of National Insurance Company Ltd. v. Pranay Sethi, as reported in 2018 (I) JLJ 200 =AIR 2017 (16) SCC 680 since the deceased was self employed or on a fixed salary in addition of 40% of the established income is permissible and not to the tune of 50%. 4. After hearing arguments, this Court is of the opinion that the award made by learned Claims Tribunal needs to be substituted in the following terms : Income of the deceased will be taken at Rs. 8000/- per month as per the minimum wages prescribed for a semi-skilled person because as per the evidence, deceased was working as a Raj Mistri. When 40% amount for future prospects is added i.e. Rs. 3,200/-, then total income of the deceased comes out to Rs. 11,200/-. Since deceased was a bachelor, therefore, there will be 50% deduction presuming that he was spending 50% amount on self and therefore, the notional dependency of the legal heirs of the deceased will Rs. 5,600/- per month i.e. Rs. 67,200/- per year. 5. 3,200/-, then total income of the deceased comes out to Rs. 11,200/-. Since deceased was a bachelor, therefore, there will be 50% deduction presuming that he was spending 50% amount on self and therefore, the notional dependency of the legal heirs of the deceased will Rs. 5,600/- per month i.e. Rs. 67,200/- per year. 5. Admittedly, deceased was of the age of 21 years, therefore, multiplier of 18 will be applicable, then total compensation comes out to Rs. 12,09,600/- against which only a sum of Rs. 6,48,000/- has been awarded therefore, there will be enhancement of Rs. 5,61,600/- but the appellants have valued this appeal at Rs. 5,00,000/- only and has accordingly paid the court fees, therefore, enhancement is to be restricted to a sum of Rs. 5,00,000/-. Therefore, it is directed that claimants shall be entitled to a sum of Rs. 5,00,000/- in addition to what has been awarded by the Claims Tribunal on the basis of the above analysis. 6. Accordingly, award is suitably modified. Other terms and conditions of the award shall remain the same