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Rajasthan High Court · body

2021 DIGILAW 1884 (RAJ)

Vishnu Kanwar v. Shri Chandra Singh

2021-09-29

VINIT KUMAR MATHUR

body2021
ORDER 1. The matter is listed on an application (01/21) for early hearing of the appeal. 2. For the reasons stated in the application, the same is allowed and with the consent of learned counsel for the parties, the matter is being heard today itself and decided finally. 3. The present appeal has been preferred against the judgment and award dated 13/02/2013 passed by Motor Accident Claims Tribunal, Pali in Motor Accident Claims Case No. 152/2012. Vide judgment dated 13/02/2013, an amount of Rs. 13,80,888/- has been awarded to the claimants/appellants on account of death of Narain Singh in the accident which occurred on 21/06/2012. 4. The Tribunal after framing the issues, evaluating the evidence on record and hearing learned counsel for the parties decided the claim application of the claimants vide its judgment and award dated 13/02/2013. 5. Heard learned counsel for the parties. 6. Learned counsel for the appellants submits that the Tribunal committed an error while deciding the issue No.3 in calculating the amount of compensation in the present case. Learned counsel submits that the deceased Narain Singh was a Police Constable and his income as per the pay slips produced before the Tribunal was Rs.28,380/- per month. The Tribunal has calculated the annual income of the deceased as Rs.3,40,560/-. However, on account of the payment towards income tax and surcharge to the extent of 30%, an amount of Rs.1,02,168/- was deduced, which on the face of it, is incorrect. The amount so deducted towards the Income Tax and Surcharge was wrongly deducted from gross income of the deceased. He further submits that no amount towards the loss of future prospects was awarded to the claimants. Learned counsel submits that as per the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi reported in AIR (2017) SC 5157, the amount is required to be recalculated for calculating the just compensation in the present case. 7. Learned counsel for the respondent gracefully admits that the calculation undertaken by the Tribunal while deciding the issueNo.3 suffers from error and, therefore, the amount awarded is required to be recomputed in the light of the judgment of Hon'ble Supreme Court in the case of Pranay Sethi (supra). 8. 7. Learned counsel for the respondent gracefully admits that the calculation undertaken by the Tribunal while deciding the issueNo.3 suffers from error and, therefore, the amount awarded is required to be recomputed in the light of the judgment of Hon'ble Supreme Court in the case of Pranay Sethi (supra). 8. Both the learned counsels for the parties have jointly submitted the calculation for recomputation of the award in the present case which is taken on record and is reproduced as under :- For future prospects :- 15% of Rs.28,380/-(Income of deceased) Rs.4257/- Rs. 28,380/- + Rs. 4,257/- Rs.32,638/- Amount to be deducted as spent on himself. Rs.32,638/- / 1/3 = Rs. 10,879/- Dependence Amount Rs. 32,638/-Rs. 10,879/- = Rs.21,759/- 9. The age of deceased was 54 years therefore, a multiplier of 11 will be used. (I) Compensation due to death 21759x12x11 Rs. 28,72,188/- (II) Other conventional heads Rs. 70,000/- Total Rs. 29,42,188/- Less : Amount awarded by the Tribunal Rs. 13,80,888/- Enhanced amount Rs.15,61,300 10. Thus, in view of the discussions made above, the present appeal is partly allowed and the amount of Rs.15,61,300/-(Rupees: Fifteen Lac Sixty One Thousand Three Hundred Only) is enhanced and the respondent-Insurance Company is directed to pay the enhanced amount in addition to the amount already awarded by the Tribunal vide its judgment and award dated13/02/2013 within a period of six weeks from today. The enhanced amount shall carry an interest @ 6% from the date of filing of the claim petition and till the same is paid.