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Rajasthan High Court · body

2023 DIGILAW 858 (RAJ)

Phooli Devi v. Gopal Singh

2023-04-18

NARENDRA SINGH DHADDHA

body2023
ORDER 1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants aggrieved with the judgment and award dated 11.04.2022 passed by the Additional & District Judge No.2, Motor Accidental Claim Tribunal Shahpura, Jaipur (for short 'the Tribunal') in Claim Case No.30/2022(22/2018), whereby the tribunal has awarded a sum of Rs.9,55,300/- along with interest @ 7% per annum from the date of filing of the claim petition in favour of the claimants-appellants. 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-appellants and awarded the amount as indicated above. 3. Learned counsel for the claimants-appellants submits that the Tribunal has wrongly came to the conclusion that the deceased was a skilled labour and earned Rs.227 per day. Learned counsel for the claimants-appellants further submits that the evidence adduced by the claimants-appellants is that the deceased-Banshidhar Yadav was a truck driver and earned Rs. 25,000/- per month. Learned counsel for the claimants-appellants also submits that the deceased was also paying the installments of the truck. So, income of the deceased be calculated as Rs.25,000/- per month. Learned counsel for the claimants-appellants further submits that the Tribunal wrongly deducted 1/3rd from the income of the deceased as his personal expenses. Learned counsel for the claimants-appellants further submits that the deceased had four dependents. So, 1/4th amount should be deducted from the income of the deceased. Learned counsel for the claimants-appellants also submits that the Tribunal has awarded lump sum amount of Rs. 40,000/- towards the consortium, love and affection. As per the judgments of Hon'ble Apex Court, it should be Rs. 40,000/- per member. So, award of the Tribunal be modified accordingly. 4. Learned counsel for the respondent-Insurance Company has opposed the arguments advanced by learned counsel for the appellants and submitted that the Tribunal rightly calculated the income of the deceased and deducted 1/3rd amount of the income as personal expenses. So, appeal be dismissed. 5. I have considered the arguments advanced by learned counsel for the claimants-appellants as well as learned counsel for the respondent-Insurance Company and perused the judgment dated 11.04.2022. 6. It is an admitted position that regarding income of the deceased, claimants-appellants had not submitted any conclusive proof of evidence. So, appeal be dismissed. 5. I have considered the arguments advanced by learned counsel for the claimants-appellants as well as learned counsel for the respondent-Insurance Company and perused the judgment dated 11.04.2022. 6. It is an admitted position that regarding income of the deceased, claimants-appellants had not submitted any conclusive proof of evidence. So, in my considered opinion, the Tribunal rightly came to the conclusion while considering the deceased as a skilled labour and calculating his income. So, no interference is required in the said conclusion. But in my considered opinion, the Tribunal wrongly deducted 1/3rd amount towards the personal expenses of the deceased, because he had four dependents and as per the established guidelines, 1/4th amount should be deducted from the deceased's income and the Tribunal has awarded lump sum amount of Rs. 40,000/- towards consortium, love and affection whereas it should have been awarded Rs.40,000/- to each of the claimants-appellants. So, judgment and award of the Tribunal is modified to the extent as under:- Annual income 227 X 30X12 = 81,720/- Add 25% towards future prospects 81,720 + 20,430 = 1,02,150/- Less 1/4th deduction 1,02,150-25,538/-= 76,612/- Multiplier to be applied 76,612X 13 = 9,95,956/- Love & Affection Rs.40,000/- to each claimants 1,60,000/- Loss of Estate(+) 15,000/- Funeral expenses(+) 15,000/- Total 9,95,956+1,60,000+15,000+ 15,000= 11,85,956 Amount of Compensation 11,85,956- 9,55,300=2,30,656/- 7. In view of the above, the claimants-appellants are entitled to get a further sum of Rs.2,30,656/- as compensation. Insurance Company is directed to deposit enhanced amount of Rs. 2.30,656/- with the Tribunal within a period of two months from the date of receipt of certified copy of this order. On deposition of the said amount, the claimants shall be entitled to withdrawn the same. The enhanced amount shall carry 7% interest from the date of filing of claim petition till the actual payment is made. 8. Consequently, the appeal is partly allowed. 9. Pending application(s), if any, also stand(s) disposed of.