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Rajasthan High Court · body

2023 DIGILAW 840 (RAJ)

United India Insurance Company v. Laxman Singh

2023-04-17

NARENDRA SINGH DHADDHA

body2023
ORDER 1. Instant appeal has been preferred by the appellantInsurance Company against the judgment and award dated 21.07.2022 passed by learned Motor Accident Claims Tribunal No.3, Kotputli (hereinafter referred to as 'the Tribunal'), District Jaipur in Motor Claim Case No.167/2022 whereby an amount Rs.8,93,284/- was awarded as a compensation in favour of the claimants-respondents, due to an accident which occurred on 03.11.2014. 2. The Tribunal on the basis of the pleading of the parties, framed the issues and evaluated the evidence on record. After hearing counsel for the parties, decided the claim petition of the claimants-respondents and awarded compensation to the tune of Rs.8,93,284/- under various heads in favour of the claimants-respondents. 3. Learned counsel for the appellant-insurance Company submits that the Tribunal has not deducted the personal expenses of the deceased while computing the income of the deceased. So, the judgment of the Tribunal be modified accordingly. 4. Learned counsel for the respondents has no objection regarding deduction of the personal expenses of the deceased. 5. I have considered the arguments advanced by learned counsel for the appellant-Insurance Company as well as learned counsel for the respondents and perused the judgment dated 21.07.2022. 6. It is an admitted position that while calculating the award, learned Tribunal has not deducted the personal expenses of the deceased from the income of the deceased. The age of deceased was between 51 to 55 years. Since the deceased was an unskilled labour, therefore on the basis of minimum wages prevalent at the relevant point of time, her monthly income is assessed at Rs.5,670/- (189X30). For the persons falling within the age bracket of 51 to 60 years. 10% is to be added towards future prospects. In this view of the matter, the amount is calculated thus: Annual Income 5670 X 10% = 6237 X 11 X 12= 8,23,284/- Personal Expenses of the deceased (-)2,74,428/- Net Amount 5,48,856/- Amount awarded by learned Tribunal in various heads (+) 70,000/- =6,18,856/- 7. In view of the above, judgment dated 21.07.2022 passed by the Tribunal is modified to the extent that claimants are entitled to get a sum of Rs.6,18,856/- from the appellant-Insurance Company instead of Rs.8,93,284/-. Rest part of the impugned judgment shall remain the same. 8. Consequently, the appeal is partly allowed. 9. Pending application(s), if any, also stand(s) disposed of.