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2021 DIGILAW 367 (RAJ)

Mukesh v. Narayan Lal

2021-02-12

VINIT KUMAR MATHUR

body2021
JUDGMENT 1. Service of notice upon respondent Nos.1 & 2 is dispensed with at the risk and cost of learned counsel for the appellant. 2. With the consent of learned counsel for the parties, the matter is being heard and decided finally. 3. The present appeal has been preferred against the judgment and award dated 28.08.2019 passed by MACT Rajsamand, in Claim Case No. 65/2019 whereby, learned Tribunal after framing the issues and hearing the counsel for the parties, decided the claim petition of the appellants-claimants and awarded a sum of Rs. 10,22,000/- as compensation in favour of the appellants-claimants on account of death of Smt. Durga Devi in the accident which occurred on 27.12.2018. 4. Learned counsel for the appellant submits that the compensation amount assessed by the Tribunal is on the lower side while computing the award in its judgment dated 28.08.2019. He further submits that it was specifically brought before the Tribunal that deceased Durga Devi was doing the job of tailoring and was earning about Rs.8,000/- per month. However, the learned Tribunal has taken into consideration only Rs.5,000/- as her monthly income. He submits that the income of unskilled labour (Rs.5,538/-) as per the minimum wages should have been taken into consideration by the Tribunal while computing the award. He also submits that no amount towards Filial Consortium has been awarded to the claimants in the light of the judgment of Hon'ble the Supreme Court in the case of The New India Insurance Company Ltd. And Ors. vs. Somwati and Ors. reported in (2020) 9 SCC 644 . 5. Per contra, learned counsel for the respondent-Insurance Company submits that the Tribunal has taken into consideration all the relevant evidence brought before it at the time of deciding the claim petition of the appellants-claimants and rightly computed the award in the present case. Learned counsel for the respondent-Insurance Company is not in a position to dispute the proposition of the judgment of Hon'ble the Supreme Court in the case of Somwati and Ors. (supra). 6. I have considered the submissions made at the Bar and gone through the judgment dated 28.08.2019 as well as other relevant record of the case. 7. The fact that the deceased Smt. Durga Devi was doing the job of tailoring and was earning Rs.8,000/- per month was though pleaded before the Tribunal, but was not conclusively proved. (supra). 6. I have considered the submissions made at the Bar and gone through the judgment dated 28.08.2019 as well as other relevant record of the case. 7. The fact that the deceased Smt. Durga Devi was doing the job of tailoring and was earning Rs.8,000/- per month was though pleaded before the Tribunal, but was not conclusively proved. However, the Tribunal has taken Rs.5,000/- as the monthly income for which there is no basis. Therefore, this Court is of the opinion that the wages of unskilled labour (Rs.5,538/-), which is the amount prescribed in the minimum wages prevailing at that time, should have been the proper amount while computing the award dated 28.08.2019 in this case. The appellants are also entitled for an amount of Rs.40,000/- towards filial consortium in the light of the judgment of Hon'ble the Supreme Court in the case of Somwati and Ors. (supra). 8. Thus, the amount of compensation in the present case is recomputed as under:- For future prospects :- 40% of Rs.5,538/-(Income of deceased) Rs. 2,215/- Rs. 5,538/-/- + Rs. 2215/- Rs. 7,753/- Amount to be deducted as spent on himself. Rs. 7,753/- / 1/3= Rs. 2,584/- Dependence Amount Rs. 7,753 - Rs. 2,584= Rs. 5,169/- The age of deceased was 26 years, therefore, a multiplier of 17 will be applied. (I) Compensation due to death 5,169 x12x 17 Rs. 10,54,476/- (II) For the Loss of Estate Rs. 15,000/- (III) For the loss of consortium Rs. 47,000/- (IV) Filial Consortium Rs. 40,000/- (V) Funeral Expenses Rs. 15,000/- Total Rs. 11,71,476/- Amount awarded by the Tribunal vide award dated 28.08.2019 Rs. 10,22,000/- Enhanced amount Rs. 1,49,476/- 9. Thus, in view of the discussions made above the appeal is partly allowed. The respondent-Insurance Company is directed to pay the enhanced amount of Rs.l,49,476/-(Rs. One Lac Forty Nine Thousand Four Hundred Seventy Six Only) in addition to the amount already awarded by the Tribunal in its judgment dated 28.08.2019 to the appellants-claimants within a period of six weeks from today. The said enhanced amount shall carry the interest @ 6% per annum from the date of application till the same is paid.