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2021 DIGILAW 173 (RAJ)

In Re : Rajasthan State Road Transport Corporation v. .

2021-01-21

MAHENDAR KUMAR GOYAL

body2021
JUDGMENT Mahendar Kumar Goyal, J. - This appeal and the cross objection are directed against the determination of amount of compensation by the learned District Judge, Dausa, District Dausa, (Motor Accident Claims Tribunal, Dausa) vide its judgment dated 15.09.2020 whereby, the claimants have been held entitled for total compensation of Rs.12,40,000/- on account of death of Ramphal aged 49 years employed as Security Guard with a private firm. 2. Assailing the quantum, learned counsel for the appellant contended that learned Tribunal erred in assessing the compensation against the material on record which is required to be reduced appropriately; whereas, the learned counsel appearing for the respondents-claimants sought for enhancement of the compensation. 3. Heard the learned counsels for the parties and perused the record. 4. Both the learned counsels for the respective parties are unanimous that compensation payable has to be assessed as per the guidelines laid down by the Hon'ble Apex Court in case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors., (2017) 16 SCC 680 . Accordingly, this Court examines validity of the judgment dated 15.09.2020 on the parameters laid down in the aforesaid judgment of the Hon'ble Apex Court. 5. The learned Tribunal has assessed the monthly salary of the deceased as Rs.9,000/- as per the salary certificate (Exhibit-1) which has duly been proved by Shri Kamlesh Kumar (AW-3), proprietor of M/s. Amandeep Motors, the employer of the deceased. Learned Tribunal has increased the salary by 25% keeping in view the future prospects of the enhancement in it which is found to be proper in view of the age of the deceased. Similarly, multiplier of 13 has been used which is found appropriate; age of the deceased being 49 years. Looking to the number of dependents on the deceased, the learned Tribunal did not err in deducting 1/3rd of the income of the deceased towards personal expenses. Learned Tribunal has awarded a sum of Rs.70,000/- under the conventional heads. Thus, the compensation payable to the claimants has been assessed by the learned Tribunal in accordance with the guidelines laid by the Hon'ble Apex Court in case of National Insurance Company Ltd. (Supra). The judgment impugned does not suffers from any perversity or illegality. Learned Tribunal has awarded a sum of Rs.70,000/- under the conventional heads. Thus, the compensation payable to the claimants has been assessed by the learned Tribunal in accordance with the guidelines laid by the Hon'ble Apex Court in case of National Insurance Company Ltd. (Supra). The judgment impugned does not suffers from any perversity or illegality. Both the learned counsels for the respective parties failed to point out any such illegality or perversity in the judgment impugned dated 15.09.2020 which may require interference by this Court under its appellate jurisdiction. 6. Resultantly, the miscellaneous appeal and the cross objection are dismissed devoid of merit.