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2024 DIGILAW 484 (RAJ)

Mangi Devi v. Malu Ram

2024-03-20

NARENDRA SINGH DHADDHA

body2024
JUDGMENT : Narendra Singh Dhaddha, J. 1. The present appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants-claimants (for short 'the claimants') dissatisfied with the judgment and award dated 03.08.2004 passed by the Motor Accident Claims Tribunal, Sikar (for short 'the Tribunal') in claim case No. 229/2002, whereby the Tribunal has awarded a sum of Rs. 3,66,000/- along with interest @ 6% per annum from the date of filing 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 assessed the income of the deceased as Rs. 3,000/- per month. Learned counsel for the claimants further submits that as per the statement of the claimants and their witnesses, the deceased was earning Rs. 6,000/- per month from camel cart, so, the income of the deceased be calculated as Rs. 6,000/- per month. Learned counsel for the claimants also submits that Tribunal has wrongly deducted 1/3rd amount from the income of the deceased as his personal expenses, whereas according to the member of dependants, it should be 1/4th. Learned counsel for the claimants also submits that the Tribunal has not awarded any amount towards future prospects, whereas, as per the age of the deceased i.e. 46 years, claimants are entitled to get 25% of the deceased's income towards future prospects. Learned counsel for the claimants also submits that the Tribunal has awarded Rs. 30,000/- towards loss of consortium as well as love and affection, whereas it should be Rs. 40,000/- to each claimant. Learned counsel for the claimants also submits that the Tribunal has awarded only Rs. 2,000/-, for funeral expenses whereas it should have been awarded Rs. 15,000/-. So, judgment and award of the Tribunal may be modified accordingly. 4. Learned counsel for the respondents-RSRTC (for short 'RSRTC') has opposed the arguments advanced by learned counsel for the claimants and submitted that the finding of the Tribunal does not suffer from any infirmity or illegality. So, appeal be dismissed. 5. I have considered the arguments advanced by learned counsel for the claimants as well as learned counsel for the RSRTC. 6. So, appeal be dismissed. 5. I have considered the arguments advanced by learned counsel for the claimants as well as learned counsel for the RSRTC. 6. It is an admitted position that the claimants failed to adduce any cogent evidence with regard to the income of the deceased as Rs. 6,000/- per month. So, the Tribunal has rightly considered the income of the deceased as Rs. 3,000/- per month. The Tribunal has wrongly deducted 1/3rd amount from the income of the deceased as his personal expenses, whereas according to the number of dependants, it should be 1/4th of the deceased's income. The Tribunal has not awarded any amount towards the future prospects. As per the age of the deceased, claimants are entitled to get 25% of the deceased's income towards future prospects. The Tribunal has awarded only Rs. 2,000/- for funeral expenses, whereas it should be Rs. 15,000/-. The Tribunal has awarded very meager amount of Rs. 30,000/- towards loss of consortium and love & affection. In my considered opinion, claimants are entitled to get Rs. 40,000/- each towards loss of consortium and love and affection. So, judgment and award of the Tribunal is modified to the extent as under: Monthly income Rs. 3,000/- Annual Income 3,000X12= Rs. 36,000/- According to the age of the deceased, Multiplier 13 to be applied 36,000X13=4,68,000/- Since, there were 4 dependents, 1/4 is to be deducted for personal expenses of the deceased 4,68,000 - 1,17,000=3,51,000/- Add 25% towards future prospects 3,51,000+87,750= Rs. 4,38,750/- Loss of consortium to claimant No. 1 Rs. 40,000/- and Love and Affection to the claimant Nos.2 to 4 (40,000X 3=1,20,000/-) (+) Rs. 1,60,000/- Funeral expenses (+) 15,000/- death of Camel and broken of camel cart (+) 22,000/- Cost of Litigation(+) 1,000/- Total Rs. 6,36,750/- Less amount awarded by the Tribunal Rs. 3,66,000/- Enhanced Amount of compensation 6,36,750-3,66,000= Rs. 2,70,750/- 7. In view of the above, the claimants are entitled to get a further sum of Rs. 2,70,750/- as compensation. The RSRTC is directed to deposit enhanced amount of Rs. 2,70,750/- (6,36,750-3,66,000) 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 @ 6% interest per annum from the date of filing the claim petition till the actual payment is made. On deposition of the said amount, the claimants shall be entitled to withdrawn the same. The enhanced amount shall carry @ 6% interest per annum from the date of filing the claim petition till the actual payment is made. 8. Rest part of the impugned judgment shall remain unchanged. Impugned judgment and award is modified accordingly. 9. Consequently, the appeal is partly allowed. 10. Pending application(s), if any, also stand(s) disposed of.