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2024 DIGILAW 646 (RAJ)

Dhanraj Meena S/o Shri Ram Karan Meena v. Ram Singh S/o Shri Bhanwarlal

2024-04-22

NARENDRA SINGH DHADDHA

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JUDGMENT : Narendra Singh Dhaddha, J. 1. The instant appeals have arisen out of the judgment and award dated 05.01.2018 passed by the Motor Accident Claims Tribunal (Family Court), Baran (Raj.) (for short ‘the Tribunal’) in Claim Case No.60/2017 titled as “Lekhraj Meena Vs. Ram Singh & Ors.” and in claim case No. 58/2017 titled as “Dhanraj Meena Vs. Ram Singh and Ors.”, whereby the Tribunal while allowing the claim petitions, has awarded a sum of Rs.6,31,000/- along with interest @ 6% per annum from the date of filing the claim petition as compensation in favour of the claimant-Lekhraj Meena and Rs. 6,07,000/- along with interest @ 6 % per annum from the date of filing the claim petition as compensation in favour of the claimant-Dhanraj Meena. 2. Both the appeals have been filed by the claimants seeking enhancement of the amount of compensation. 3. CMA No.1135/2018- Learned counsel for the claimant-Dhanraj Meena submits that the Tribunal has wrongly assessed the income of the claimant as Rs. 5,000/- per month. Learned counsel for the claimant further submits that the claimant adduced evidence that he was earning Rs. 12,000/- per month. Learned counsel for the claimant further submits that at the time of accident, minimum wages for unskilled labour was Rs. 189/- per day. So, income of the claimant be calculated on the basis of minimum wages prevalent at that time. Learned counsel for the claimant further submits that the Tribunal has not awarded any amount towards future prospects. As per age of the claimant, he is entitled to get 40% of his income towards future prospects. So, judgment and award of the Tribunal may be modified accordingly. 4. CMA No.1133/2018- Learned counsel for the claimant-Lekhraj Meena submits that the Tribunal has wrongly considered the income of the claimant as Rs. 5,000/- per month. Learned counsel for the claimant further submits that the at the time of accident, minimum wages of the unskilled labour was Rs. 189/-per day. So, income of the claimant be calculated on the basis of minimum wages prevalent at that time. Learned counsel for the claimant further submits that the Tribunal has not awarded any amount towards future prospects. As per the age of the claimant, he is entitled to get 40% of his income towards future prospects. So, judgment and award of the Tribunal may be modified accordingly. 5. Learned counsel for the claimant further submits that the Tribunal has not awarded any amount towards future prospects. As per the age of the claimant, he is entitled to get 40% of his income towards future prospects. So, judgment and award of the Tribunal may be modified accordingly. 5. Learned counsel for the respondent-insurance company has opposed the arguments advanced by learned counsel for the claimants and submitted that the Tribunal has rightly considered the income of the claimants and rightly awarded the compensation. So, the appeals filed by the claimants are liable to be dismissed. 6. I have considered the arguments advanced by learned counsel for the claimants as well as the insurance company. 7. It is an admitted position that the claimants failed to adduce cogent evidence regarding earning of Rs. 12,000/- per month but at the time of accident, prevalent minimum wages were Rs.189/-per day. So, income of the claimants be calculated as Rs.189/- per day. The Tribunal has not awarded any amount towards future prospects. As per the age of the claimants, claimants are entitled to get 40% towards future prospects. So, judgment and award of the Tribunal is modified to the extent as under:- CMA No. 1135/2018 Monthly income 189 X 30 = Rs. 5,670/- Annual Income 5,670X12= Rs.68,040/- For 30% permanent disability 68,040X 30% = 20,412/- According to the age of the claimant-Dhanraj i.e. 28 years, Multiplier of 17 to be applied 20,412X17= Rs.3,47,004/- Add 40% towards future prospects 3,47,004+1,38,802= Rs.4,85,806/- Mental and Physical Agony (As awarded by the Tribunal) (+) Rs.30,000/- Nutritional Diet (As awarded by the Tribunal)(+) 2,000/- Hospitalization Charges (As awarded by the Tribunal)(+) 4,000/- Medical Bills. as awarded by the Tribunal(+) Rs.2,65,000/- Less amount awarded by the Tribunal Rs.6,07,000/- Enhanced Amount of compensation 7,86,806-6,07,000= Rs.1,79,806/- 8. Accordingly, the civil miscellaneous appeal No.1135/2018 filed by the claimant-Dhanraj Meena is partly allowed. The claimant is entitled to get a further sum of Rs.1,79,806/- as compensation. The Insurance Company is directed to deposit enhanced amount of Rs. Rs.1,79,806/- (Rs.7,86,806-Rs.6,07,000) 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 claimant shall be entitled to withdraw 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 claimant shall be entitled to withdraw 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. CMA No. 1133/2018 Monthly income 189 X 30 = Rs. 5,670/- Annual Income 5,670X12= Rs.68,040/- For 50% permanent disability 68,040X 50% = 34,020/- According to the age of the claimant-Lekhraj i.e. 23 years, Multiplier 18 to be applied 34,020X18= Rs.6,12,360/- Add 40% towards future prospects 6,12,360+2,44,944 = Rs.8,57,304/- Mental and Physical Agony (As awarded by the Tribunal) (+) Rs.31,000/- Nutritional Diet (As awarded by the Tribunal)(+) 2,000/- Medical Bills. as awarded by the Tribunal(+) Rs.58,000/- Total Rs.9,48,304/- Less amount awarded by the Tribunal Rs.6,31,000/- Enhanced Amount of compensation 9,48,304-6,31,000= Rs.3,17,304/- Monthly income 189 X 30 = Rs. 5,670/- 9. Accordingly, the civil miscellaneous appeal No.1133/2018 filed by the claimant-Lekhraj Meena is partly allowed. The claimant is entitled to get a further sum of Rs.3,17,304/- as compensation. The Insurance Company is directed to deposit enhanced amount of Rs. Rs.3,17,304/- (Rs.9,48,304-Rs.6,31,000) 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 claimant shall be entitled to withdraw the same. The enhanced amount shall carry @ 6% interest per annum from the date of filing of claim petition till the actual payment is made. 10. In the result, both the appeals filed by the claimants are partly allowed. 11. Rest part of the impugned judgment shall remain unchanged. Impugned judgment and award is modified accordingly. 12. Pending application(s), if any, also stand(s) disposed of.