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Rajasthan High Court · body

2021 DIGILAW 97 (RAJ)

Sonal Agrawal v. Namita Somani

2021-01-13

GOVERDHAN BARDHAR

body2021
JUDGMENT : Goverdhan Bardhar, J. 1. Claimants-appellants have filed this miscellaneous appeal for enhancement of amount of compensation awarded by Motor Accidents Claims Tribunal, No. 2, Jaipur Metro, Jaipur in MACT Case No. 736/2015. 2. The Insurance Company does not dispute the liability to pay the compensation. The learned Tribunal framed issue No. 4 with regard to quantum of compensation and awarded compensation to the tune of Rs. 43,18,384/- along with an interest @ 7.5%. 3. On perusal of the record, it reveals that deceased Amit Agarwal was aged 31 years, at the time of alleged incident and the claimants are wife, two minor children and parents. 4. The learned Tribunal assessed the monthly income of deceased to the tune of Rs. 21,073/- per month on the basis of Income Tax returns filed by the claimants which were marked as Exhibit 20 and 21 respectively. 5. The deceased was working as Sales Executive in Samriddhee Sales Corporation. The learned Tribunal adopted multiplier of 16% and allowed future prospects 40% and thereafter 1/4th amount was deducted and passed compensation to the tune of Rs. 43,18,384. 6. Taking note of the age of the deceased, the Tribunal has wrongly applied multiplier of 16% though multiplier of 17%, ought to have been applied. Thus the amount of the compensation assessed on applying multiplier of 17% comes as under:- 21073-1/4=15,804.80 round off 15805+40% future prospects*12*17=45,14,108+70000 conventional head=45,84,108-43,18,384=2,65,724 to be enhanced. 7. In view of calculation on applying multiplier of 17% the amount of Rs. 2,65,724/- needs to be enhanced. 8. In view of the above, the appeal is partly allowed and the compensation awarded by the Tribunal is enhanced to the tune of Rs. 2,65,784/- in addition to the awarded amount of compensation along with the interest @ 6% per annum from the date of filing of the claim petition.