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Rajasthan High Court · body

2023 DIGILAW 945 (RAJ)

Sharifan v. Jahul Kha

2023-04-27

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 (for short 'the claimants') dissatisfied with the judgment and award dated 23.03.2022 passed by the Motor Accident Claims Tribunal, Alwar (for short 'the Tribunal') in Claim Case No.491/2018(CIS No.485/2018), whereby the Tribunal has awarded a sum of Rs.10,14,892/- along with interest @ 7.5% per annum from the date of filing of the claim petition in favour of the claimants. 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 and awarded the amount as indicated above. 3. Learned counsel for the claimants submits that the Tribunal has wrongly came to the conclusion that the deceased was a skilled labour and his wages has been computed as a skilled labour. Learned counsel for the claimants further submits that the deceased-Mammar Kha @ Mamrej was a driver and his income was Rs.15,000/- per month. So, income of the deceased be calculated as Rs.15,000/- per month. Learned counsel for the claimants further submits income of the deceased was at lower side. So, he did not incur 1/5th of his income for his personal expenses. So, the finding of the Tribunal with regard to deduction of 1/5th amount towards personal expenses of the deceased may be modified. Learned counsel for the claimants also submits that the Tribunal has awarded only Rs. 40,000/- towards love & affection and loss of consortium whereas it should be Rs.40,000/-per claimant. 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 claimants and submitted that the Tribunal rightly calculated the income of the deceased. So, appeal be dismissed. 5. I have considered the arguments advanced by learned counsel for the claimants as well as learned counsel for the respondent-Insurance Company and perused the judgment dated 23.03.2022. 6. It is an admitted position that regarding income of the deceased, claimants had not submitted any conclusive proof that he was earning Rs.15,000/- per month. So, in my considered opinion, the Tribunal rightly came to the conclusion that the deceased was a skilled labour and accordingly calculated his income. So, no interference is required in the said conclusion arrived at by the Tribunal. So, in my considered opinion, the Tribunal rightly came to the conclusion that the deceased was a skilled labour and accordingly calculated his income. So, no interference is required in the said conclusion arrived at by the Tribunal. But, the Tribunal has wrongly awarded lump sum amount of Rs.40,000/- towards love & affection and consortium, whereas in lump sum it should have been Rs.2,00,000/-. So, judgment and award of the Tribunal is modified to the extent as under:- Total income for skilled labour on the basis of minimum wages prevailed at the relevant point of time (monthly) Rs.6058/- Add 25% towards future prospects (+) Rs.6058/- + Rs.1,514/-= Rs.7,572/- Less 1/5th deduction(-) Rs. 7,572-Rs.1,515/-= Rs. 6,057/- Total income (Annual) Rs.6,057X12=Rs. 72,684/- Multiplier to be applied 72,684X 13 = Rs. 9,44,892/- Love & Affection and consortium (lump sum) (+) Rs. 2,00,000/- Loss of Estate(+) Rs. 15,000/- Funeral expenses(+) Rs. 15,000/- Total Rs. 11,74,892/- Awarded amount Rs. 10,14,892 Enhanced Amount Rs. 11,74,892-Rs. 10,14,892= Rs. 1,60,000/- 7. In view of the above, the claimants are entitled to get a further sum of Rs.1,60,000/- as compensation. Insurance Company is directed to deposit enhanced amount of Rs. 1,60,000/- 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 7.5% interest from the date of filing of claim petition till the actual payment is made. 8. Rest part of the impugned judgment shall remain unchanged. 9. Consequently, the appeal is partly allowed. 10. Pending application(s), if any, also stand(s) disposed of.