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Rajasthan High Court · body

2021 DIGILAW 290 (RAJ)

Uchhab Kanwar v. Lrs Of Heeralal Samriya

2021-02-04

VINIT KUMAR MATHUR

body2021
JUDGMENT 1. At the request of learned counsel for the appellant-claimant, the service upon the respondent Nos. 1/1 to 1/4 is dispensed with at the risk and cost of the appellant-claimant. 2. With the consent of the parties, the appeal is taken up for final hearing today itself. 3. The present appeal has been preferred by the appellant-claimant against the judgment and award dated 13.02.2019 passed by the Motor Accident Claims Tribunal, Jodhpur (Metro) in Claim Case No. 348/2013 (2749/2014) whereby an amount of Rs. 5,70,000/- was awarded to the appellant-claimant on account of death of Hanwant Singh in the accident, which occurred on 22.10.2008. 4. A claim petition was filed by the appellant-claimant before the Tribunal stating that on 22.10.2008, Hanwant Singh while walking on feet was going from Ramgarh to Tanot and was hit by TATA MAGIC No. RJ-15-GA-1469 from backside. In the accident, Hanwant Singh died on the spot. In these circumstances, the appellant-claimant claimed compensation under various heads on account of death of Hanwant Singh. 5. The Tribunal after framing the issues, evaluating the evidence and hearing the arguments of the parties, passed the judgment and award dated 13.02.2019 vide which an amount of Rs. 5,70,000/- was awarded as compensation under various heads in favour of the appellant-claimant. 6. Learned counsel for the appellant-claimant submits that deceased Hanwant Singh was a brilliant student and was pursuing the study in B.A. 1st Year. He, therefore, was having bright future prospects. Learned counsel further submits that beside the studies of B.A., deceased was also taking tuition classes and was earning about Rs. 4,500/- per month. But the Tribunal has erred in taking into consideration the notional income of the deceased Hanwant Singh as Rs. 30,000/- per annum as per the schedule. Learned counsel further submits that no amount towards the future prospects and loss of consortium has been awarded by the Tribunal in the present case in light of the judgment delivered by the Hon'ble Apex Court in the case of National Insurance Company Limited V/s Pranay Sethi & ors. reported in 2017/ ACJ/2700. Learned counsel, therefore, prays that the amount of compensation in the present case deserves to be enhanced suitably. 7. reported in 2017/ ACJ/2700. Learned counsel, therefore, prays that the amount of compensation in the present case deserves to be enhanced suitably. 7. Per contra, learned counsel for the respondent - Insurance Company while supporting the judgment and award dated 13.02.2019 passed by the Tribunal has submitted that the Tribunal after taking into consideration the fact that deceased was not employed and no evidence was produced on record to show that the deceased was taking tuition classes and earning Rs. 4,500/-per month as also the age of the deceased, has rightly assessed the notional income of the deceased as Rs. 30,000/- per annum while computing the award in the present case. Learned counsel further submits that the award passed by the Tribunal suffers from no infirmity as the Tribunal has rightly evaluated the evidence brought before it and thus, has rightly passed the judgment and award in the present case. However, learned counsel for the respondent - Insurance Company is unable to counter the submissions made by the appellant-claimant with respect to the ratio of law laid down by the Hon'ble Supreme Court in the case of Pranay Sethi (supra).I have considered the submissions made at the Bar and have gone through the judgment and award dated 13.02.2019 as well as other relevant documents. 8. The fact that the deceased Hanwant Singh was pursuing study in B.A. 1st Year and was a brilliant student is fortified from the mark-sheets of the deceased produced on record before the Tribunal which show that he had secured 1st Division in the Higher Secondary Examination. The fact that the deceased was residing in the remote area of Rajasthan where the population has available limited resources, therefore, the fact that the deceased Hanwant Singh was taking tuition classes of the students living in the nearby vicinity, cannot be ruled out. Thus, in the opinion of this Court, if an amount as per the minimum wages in the skilled category is taken into consideration, the same will meet the ends of justice. Therefore, an amount of Rs. 4,342/- prevailing in the year 2012 as per the Minimum Wages Act, is required to be taken into consideration while computing the award. Thus, in the opinion of this Court, if an amount as per the minimum wages in the skilled category is taken into consideration, the same will meet the ends of justice. Therefore, an amount of Rs. 4,342/- prevailing in the year 2012 as per the Minimum Wages Act, is required to be taken into consideration while computing the award. Since the deceased was an unmarried person, therefore, deduction of 1/2 share from his income would be made and the future prospects to the tune of 40% would be taken into account while computing the income of the deceased in this case. Besides, an amount of Rs. 40,000/- is also required to be awarded towards the loss of consortium in light of the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra). Thus, the award is required to be recomputed in light of the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra), which is as under :- Monthly Income :- Rs. 4,342/-p.m. Deduction towards :- Rs. 4,342/- - 1/2 = Rs. 2,171/- p.m. Amount spent on himself For future prospects:- 40% of Rs. 2,171/-(Income of deceased) Rs. 868/- Rs. 2,171/- + Rs. 868/- Rs. 3,039/- Dependence Amount (Rs. 3,039 x 12) Rs. 36,468/- The age of deceased was 18 years, therefore, a multiplier of 18 will be applied. (I) Compensation due to death Rs. 36,468 x 18 Rs. 6,56,424/- (II) (III) For the Loss of Estate For Funeral Expenses Rs. 15,000/- Rs. 15,000/- (III) For the loss of consortium Rs. 40,000/- Total Rs. 7,26,424/- Amount awarded by the Tribunal vide award dated 13.02.2019 Rs. 5,70,000/- Enhanced amount Rs. 1,56,424/- 9. The appeal is, therefore, partly allowed. In view of the recomputation of the award done, the respondent - Insurance Company is directed to pay the enhanced amount of Rs. 1,56,424/- (Rs. One Lac Fifty Six Thousand Four Hundred Twenty Four only) to the appellant-claimant in addition to the amount already awarded by the Tribunal within a period of eight weeks from today. The said amount shall carry an interest @ 6% per annum from the date of filing of the claim petition. 10. The appeal is disposed of in the above terms.