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2021 DIGILAW 172 (RAJ)

Gawari Devi v. Bharat Bhai Patel

2021-01-21

VINIT KUMAR MATHUR

body2021
JUDGMENT 1. The service upon respondent No.1 is dispensed at the risk and cost of the appellants. 2. With the consent of the parties, instant appeal is being heard finally. 3. The present appeal has been preferred assailing the judgment and award dated 12.09.2018 passed by Motor Accident Claims Tribunal, Sirohi in Motor Accident Claim Case No.182/2016 whereby the learned tribunal has awarded a sum of Rs. 10,20,000/- as compensation to the appellants-claimants in view of death of Rama Ram in the accident occurred on 10.10.2015. 4. Dissatisfied with the judgment and award dated 12.09.2018 aforesaid, instant present appeal has been filed by the appellants-claimants for enhancement of award. 5. Heard learned counsel for the parties. 6. Learned counsel for the appellants submits that finding arrived at by learned tribunal on issue No.2 is perverse as the tribunal has only considered the deceased Rama Ram as an unskilled labour. He further submits that deceased Rama Ram was holding a valid driving license and he was 39 years of age at the time of the accident, therefore, he should have been considered as a skilled labour as no person of the age of 39 years can remain unskilled. Therefore, computation of the award should have been done after treating the deceased as a skilled labour. 7. The counsel further submits that in view of the latest judgment of the Hon'ble Supreme Court in the case of the New India Assurance Company Limited & Ors. V/s Somwati & Ors. reported in (2020) 9 SCC 644 , the appellants-claimants are entitled for the compensation towards filial and parental consortium, therefore, he prays for suitable enhancement in the award under challenge in the instant appeal. 8. Per contra, learned counsel for the respondent Insurance Company submits that the tribunal has correctly evaluated the evidence produced before it and has rightly concluded that since there is no evidence on record to show that the deceased was undertaking any activities with respect to driving of the vehicle on rent, therefore, it cannot be inferred that merely a person is holding a license and is 39 years of age, he will be considered under the category of skilled labour. The tribunal has rightly considered the deceased Rama Ram as an unskilled labour while computing the award. The tribunal has rightly considered the deceased Rama Ram as an unskilled labour while computing the award. It is further contended that as far as the second argument with respect to grant of consortium to the children and mother of the deceased is concerned, the counsel for the respondent is not able to controvert the submissions made on behalf of the appellants in the light of judgment of the Hon'ble Apex Court in the case of Somwati (supra). 9. I have considered the submissions made at the bar and gone through the relevant documents available on record as well as the judgment and award dated 12.09.2018 passed by the tribunal. 10. The first ground of attack made by counsel for the appellants that the deceased should have been considered as a skilled labour as he was holding a requisite driving license of driving light motor vehicle is concerned, the same is devoid of any force because merely a person holding a license cannot be treated to be proficient or earning certain amount. It was bounden duty of the appellants to prove before the tribunal by leading documentary evidence that the deceased was earning any amount while driving light motor vehicle. Since, nothing was produced before the tribunal in support of the contention that the deceased was driving a light motor vehicle and earning certain amount or he was earning any amount on account of animal husbandry or dairy work, the tribunal was perfectly justified in assessing the income of the deceased considering him an unskilled labour. Therefore, the finding of the tribunal on issue No.2 suffers from no infirmity. 11. As far as amount of consortium towards children and mother of the deceased is concerned, in view of the authoritative pronouncement of the Hon'ble Supreme Court in the case of the New India Assurance Company Limited & Ors. V/s Somwati & Ors., the appellants-claimants are held entitled to receive an amount of Rs.2,00,000/- as compensation in addition to the amount awarded by the tribunal vide its judgment and award dated 12.09.2018. 12. In view of the discussions made above, the present appeal is disposed of with a direction to the respondent Insurance Company to pay an amount of Rs.2,00,000/- to the appellants-claimants in addition to the amount already awarded by the tribunal. 12. In view of the discussions made above, the present appeal is disposed of with a direction to the respondent Insurance Company to pay an amount of Rs.2,00,000/- to the appellants-claimants in addition to the amount already awarded by the tribunal. It is made clear that the amount of Rs.2,00,000/- shall be paid to the appellants-claimants within a period of four weeks from today failing which the enhanced amount shall carry an interest @ 6% p.a.