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2024 DIGILAW 1564 (RAJ)

Vidhya Devi W/o Late Shri Sunil Kumar v. Prithvi Singh Gehlot S/o Shri Bhanwar Lal Ji

2024-11-14

REKHA BORANA

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ORDER : 1. The present misc. appeal has been filed by the appellants-claimants seeking enhancement of the compensation amount awarded vide judgment and award dated 04.10.2023 passed by the Motor Accident Claims Tribunal, Jodhpur Metropolitan in MAC Case No. 400/2014 (N.C.V. No. 3154/2014). The learned Tribunal, vide impugned judgment dated 04.10.2023 awarded a sum of Rs.9,36,712/- (after adjusting the amount of Rs.50,000/- awarded vide interim relief) in favour of the claimants along with interest @6% per annum from the date of filing of claim petition i.e. 01.08.2013. 2. Brief facts as pleaded in the claim petition are that on 29.06.2013, Sunil Kumar was driving his Hero Puch bearing registration no. RJ 19 15M 0673 while going from Sangaria to village Biratiya. He was driving slowly and within the speed limit in the correct lane when a Bolero camper bearing registration no. RJ 19 GC 3334 being driven negligently and rashly on the wrong side of the lane, hit his vehicle. Unfortunately, due to this accident, Sunil Kumar sustained injuries and was taken to M.D.M Hospital where he was declared dead by the doctors. The offending vehicle, on the date of accident, was insured with respondent No.3 – Insurance Company. 3. The appellants-claimants are the dependants of deceased Sunil Kumar. The claimants claimed compensation to the tune of Rs.2,00,27,000/-. However, the learned Tribunal after framing the issues, evaluating the evidence available on record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs.4,316/-, awarded total compensation of Rs.9,36,712/- (after adjusting the amount of Rs.50,000/- awarded vide interim relief) in favour of the appellants-claimants, the breakup of which is as under: 1. Income per month {after addition of future prospects @ 40% and deduction towards personal expenses (1/3) in the monthly income of Rs.4316/-} Rs. 4,028/- 2. Loss of Income (as per the age of 27 years of the deceased, multiplier of 17). 4028x 17 x 12= Rs.8,21,712/- 3. Under the head of ‘consortium’ 44,000 x 3 = Rs.1,32,000/- 4. Under the head of ‘loss of estate’ Rs.16,500/- 5. Under the head of ‘Funeral expenses’ Rs.16,500/- 6. Amount already awarded as Interim Relief (-) Rs.50,000/- 7. Amount awarded by the Tribunal Rs.9,36,712/- Learned Tribunal also awarded interest @ 6% per annum on the above amount from the date of filing of the claim petition i.e. 01.08.2013. 4. Under the head of ‘loss of estate’ Rs.16,500/- 5. Under the head of ‘Funeral expenses’ Rs.16,500/- 6. Amount already awarded as Interim Relief (-) Rs.50,000/- 7. Amount awarded by the Tribunal Rs.9,36,712/- Learned Tribunal also awarded interest @ 6% per annum on the above amount from the date of filing of the claim petition i.e. 01.08.2013. 4. Learned counsel for the appellants-claimants argued that the learned Tribunal erroneously computed the income of the deceased at the rate of Rs.4316/- per month on basis of the wages of an unskilled labour whereas the deceased was a Mason and was earning Rs.25,000/- per month. 5. Learned counsel for the appellants-claimants submits that keeping in view the age of the deceased, the possibility of increase in income and bright future of the deceased ought to have been considered by the learned Tribunal. 6. Heard learned counsel for the parties and perused the material available on record. 7. It is not disputed on record that the deceased was 27 years of age. The appellants-claimants, in their statements before the learned Tribunal averred that the deceased was a skilled Mason earning Rs.25,000/- per month. True it is that no document in support of the said statement/evidence has been placed on record but then this Court cannot lose sight of the fact that the deceased was just 27 years of age and hence, had a huge possibility of increasing his income in future. Therefore, the computation of his income on basis of the minimum wages for an unskilled labour cannot be said to be reasonable. This Court therefore finds it proper to compute the income of the deceased at the minimum wages as payable to a semi-skilled labour at that point of time. 8. As per the Government notification dated 29.04.2013, the minimum wages as on 01.01.2013 prescribed for a semi-skilled labour was Rs.176/- per day which makes the per month income to be Rs.5,280/-. 9. So far as the future prospects, multiplier and deduction towards personal expenses is concerned, the same have been applied/awarded totally in consonance with law and does not deserve any interference. 10. The learned Tribunal awarded an amount of Rs.16,500/- both under the head of ‘Loss of Estate’ and ‘Funeral Expenses’. The said amounts not being under challenge, this Court is not inclined to interfere with the same. 11. 10. The learned Tribunal awarded an amount of Rs.16,500/- both under the head of ‘Loss of Estate’ and ‘Funeral Expenses’. The said amounts not being under challenge, this Court is not inclined to interfere with the same. 11. Regarding the amount to be awarded under the head of the consortium, the Hon’ble Apex Court, in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors.; (2017) 16 SCC 680 , has fixed the amount payable under this conventional head as Rs. 40,000/-. Therefore, this Court is of the opinion that the said amount shall be awarded to each of the dependants of the deceased. Further, the said amount deserves to be enhanced at the rate of 10% every three years from the date of the judgment of Pranay Sethi (Supra), i.e. 2017, and therefore, the amount to be awarded under the head ‘loss of consortium’ would be Rs.48,000/-. 12. Consequently, the present appeal is partly allowed and the impugned judgment & award dated 04.10.2023 passed by the Motor Accident Claims Tribunal, Jodhpur Metropolitan in MAC Case No. 400/2014 (N.C.V. No. 3154/2014) is modified to the extent that the appellant-claimant shall be entitled to the following compensation : 1. Income per month (after addition of future prospects (40%) and deduction towards personal expenses (1/3) in the monthly income of Rs.5,280/-) Rs. 4,928/- 2. Loss of Income (as per the age of 27 years of the deceased, multiplier of 17) 4928 x 17 x 12 = Rs.10,05,312/- 3. Under the head of ‘consortium’ 48,000 x 3 = Rs.1,44,000/- 4. Under the heard of ‘loss of estate’ Rs.16,500/ 5. Under the head of ‘Funeral expenses’ Rs.16,500/- 6. Total Amount of Compensation Rs.11,82,312/- 7. Amount awarded by the Tribunal (includes Rs.50,000/- as awarded vide interim relief) Rs.9,86,712/- 8. Enhanced Amount of Compensation Rs.11,82,312 (-) Rs.9,86,712 ------------------- Rs. 1,95,600/- 13. The amount awarded vide this judgment qua the head of consortium shall not carry any interest as it already comprises a 10% increase for every three years and has been computed to be Rs.48,000/-. 14. The enhanced amount, excluding the amount of consortium, shall carry interest @ 6% from the date of filing of the claim petition till the actual payment is made. 14. The enhanced amount, excluding the amount of consortium, shall carry interest @ 6% from the date of filing of the claim petition till the actual payment is made. The respondent insurance company is directed to deposit the award amount (if not deposited yet) and the enhanced amount of compensation with the Tribunal within a period of two months from the date of receipt of the copy of this order, failing which, the same shall carry interest @ 7.5% per annum from the date of this order till actual realization. Upon deposition, the learned Tribunal is directed to disburse the same to the claimants in terms of the award. 15. All pending applications, if any, stand disposed of.