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2022 DIGILAW 406 (RAJ)

Devi W/o Late Kallaram v. Ramsen S/o Shanker Lal

2022-02-08

MANOJ KUMAR GARG

body2022
JUDGMENT : MANOJ KUMAR GARG, J. 1. Instant misc. appeal has been filed by the appellants-claimants against the judgment and award dated 07.12.2013 passed by learned Judge, Motor Accident Claims Tribunal (First), Jodhpur whereby the learned Tribunal partly allowed the claim of the appellants-claimants and awarded a compensation of Rs. 9,93,000/- with interest at the rate of 8.5% per annum from the date of filing of the claim petition. 2. While praying for enhancement, learned counsel for the appellants submits that the learned Tribunal has erred in considering the monthly income of the deceased as Rs. 4,000/- per month. The appellants-claimants categorically stated that the deceased was working in the Iron Workshop and easily earned Rs. 30,000/- per month. Learned Tribunal has failed to consider the future rise in income while awarding the future loss of income. It is settled law that the future prospects of advancement in life and career should also be sounded in terms of money to augment the multiplicand. It is prayed that the amount of compensation awarded by the Tribunal may be enhanced. 3. Per contra, learned counsel for the respondent-Insurance Company while vehemently opposing the prayer of the appellants has submitted that amount granted by the Tribunal is fair and just. Therefore, no interference is required in the impugned judgment and award. 4. Heard learned counsel for the appellants as well as learned counsel for the respondents and perused the award impugned. 5. As per schedule-II of Motor Vehicle Act, considering the minimum wages prevailing at the relevant time, the Tribunal has rightly assessed the monthly income of the deceased as Rs. 4,000/-. However, having regard to the facts and circumstances of the case, this Court is of the opinion that the Tribunal has erred in awarding meager compensation for loss of dependency and consortium as the deceased left behind him five dependents, including his old father. Further, the tribunal has awarded Rs. 25,000/- only towards the funeral expenses and loss of estate, which is liable to be enhanced in the facts and circumstances of the case. Moreover, the future prospects are required to be computed while considering the award in the present case in the light the judgment of the Hon'ble Supreme Court in Pranay Sethi (supra) and New India Insurance Company Ltd. vs. Somwati and Others, (2020) 9 SCC 644 . Moreover, the future prospects are required to be computed while considering the award in the present case in the light the judgment of the Hon'ble Supreme Court in Pranay Sethi (supra) and New India Insurance Company Ltd. vs. Somwati and Others, (2020) 9 SCC 644 . Accordingly, the re-computation of the award shall be as under: Income 4000 (per month) Age 35 years Future Loss 40% Multiplier 16 Deduction 3/4 xxx xxx xxx Calculation 4000 x 12 x 16 x 140/100 x 3/4 = 8,06,400/- Loss of consortium (5 dependents) 40000 x 5 = 2,00,000/- Funeral Expenses and Loss of Estate Rs. 30,000 Total amount of compensation Rs.10,36,400/- Amount awarded by the Tribunal Rs. 9,93,000/- Enhanced amount 10,36,400 - 9,93,000 = 43,400/- Interest @ 8.5% from May 2010 Rs. 42,423/- Total enhanced amount inclusive of interest Rs. 85,823/- (Round Off) Rs. 85,000/- 6. In view of the above, the amount of compensation awarded by learned Tribunal is enhanced by Rs. 85,000/- (Rs. 10,36,400 - Rs. 9,93,000). 7. Accordingly, the civil misc. appeal is partly allowed. The amount of Rs. 85,000/- (Eighty Five Thousand rupees only) shall be paid by the Insurance Company to the appellants-claimants, in addition to the amount already awarded by the Tribunal vide order dated 07.12.2013, within a period of four weeks from today. If the enhanced amount is not paid within the stipulated period, the claimants-appellants shall be entitled to an interest @ 6% p.a. on the said amount. The amount so deposited by the Insurance Company shall be deposited in the Saving Account of the claimants, detail of which shall be furnished by the claimants before the Tribunal.