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Rajasthan High Court · body

2019 DIGILAW 907 (RAJ)

Bhuli Bai Rathi v. Mohammad Konen

2019-03-26

SABINA

body2019
JUDGMENT : Sabina, J. 1. Appellants have filed this appeal challenging the award dated 06.09.2018 passed by the Motor Vehicle Accident Claims Tribunal, seeking enhancement of compensation amount. 2. Learned counsel for the appellants has submitted that the learned Tribunal has wrongly applied the multiplier of 11 to workout the compensation amount, whereas, multiplier of 13 should have been applied. Appellants were entitled to receive an addition of 25% towards loss of future earning of the deceased, whereas, only an addition of 10% has been granted by the Tribunal. The income of the deceased has been wrongly taken as Rs. 5,122/- per month as the income of the deceased was liable to be taken as that of a skilled worker. 3. Learned counsel for respondent No. 3 has opposed the appeal. 4. Appellants had filed claim petition seeking compensation on account of death of Parmanand Rathi in the motor vehicle accident, which had occurred on 12.03.2016. As per Ration Card Exhibit-A2, age of the deceased was 50 years in the year 2007. As per the postmortem report Exhibit-7, age of the deceased was 55 years. Learned counsel has placed reliance on copy of the Aadhar Card available on record to submit that the deceased was born in the year 1966. However, the said document has not been duly proved on record. In these circumstances, the learned Tribunal has rightly taken the age of the deceased as, 'between 51 to 55 years'. Hence, the multiplier of 11 has been rightly applied by the learned Tribunal to workout the dependency of the appellants. 5. Admittedly, there is no document on record with regard to the income of the deceased. Hence, the learned Tribunal has rightly taken the income of the deceased as Rs. 5,122/- per month in view of the minimum wages fixed by the State at the relevant time. There was no document on record to establish that the deceased could be considered a skilled worker. 6. Appellants are the widow and children of the deceased. 7. Learned Tribunal has rightly applied the deduction of 1/4th out of the income of the deceased towards his personal expenses. At the time of filing of the claim petition, only two children of the deceased were minor, whereas, remaining six children were more than 26 years of age. 8. 6. Appellants are the widow and children of the deceased. 7. Learned Tribunal has rightly applied the deduction of 1/4th out of the income of the deceased towards his personal expenses. At the time of filing of the claim petition, only two children of the deceased were minor, whereas, remaining six children were more than 26 years of age. 8. In the facts and circumstances of the present case, learned Tribunal has rightly granted an addition of 10% towards loss of future earnings of the deceased. Appellants were further held entitled to receive Rs. 40,000/- towards loss of consortium, Rs. 15,000/- towards funeral expenses and Rs. 15,000/- towards loss of estate. 9. Thus, the learned Tribunal has rightly calculated the compensation amount liable to be received by the appellants and the same does not require any enhancement. Dismissed.