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2024 DIGILAW 679 (RAJ)

Mamta Kumawat D/o Boduram v. Rajuram S/o Khiwaram

2024-04-25

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 16.11.2021 passed by the Motor Accident Claims Tribunal, Sikar (for short ‘the Tribunal’) in Claim Case No.660/2015, titled as “Mamta Kumawat Vs. Rajuram & Anr.”, whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs.3,36,000/- along with interest @ 7 % per annum from the date of filing the claim petition as compensation in favour of the claimant-appellant (for short ‘the claimant’). The Tribunal further directed that if the non-claimant Nos.1 and 2 fail to deposit the award amount within two months from date, the claimant would be entitled to get 12% interest per annum from the said date. 2. CMA No.774/2022 has been filed by the claimant seeking enhancement of compensation awarded by the Tribunal, whereas CMA No.478/2022 has been filed by the Oriental Insurance Company Limited (for short ‘the Insurance Company’) challenging the judgment & award passed by the Tribunal on the various grounds. 3. CMA No.774/2022-Learned counsel for the claimant submits that the Tribunal has wrongly assessed the income of the claimant as Rs.4,914/- per month. The claimant was doing Farming, Animal Husbandry work, stitching and household work and earning Rs.8,000/- per month. So, income of the claimant be calculated as Rs. 8,000/- per month. Alternatively, learned counsel for the claimant also submits that the claimant is entitled to get the compensation amount on the basis of minimum wages prevailing at the relevant point of time i.e. Rs.189/- per day. Learned counsel for the claimant also submits that the Tribunal has not awarded any amount towards future prospects, whereas as per age of the claimant i.e. 18 years, it should be 40% of her income. Learned counsel for the claimant also submits that the claimant sustained 17.87% permanent disability but the Tribunal has wrongly considered permanent disability sustained by the claimant as 10%. So, the judgment and award of the Tribunal may be modified accordingly. 4. Learned counsel for the Insurance Company in CMA No.478/2022 has opposed the arguments advanced by learned counsel for the claimant and submitted that the judgment and award dated 16.11.2021 passed by the Tribunal is illegal, perverse to the facts and material available on record. So, the judgment and award of the Tribunal may be modified accordingly. 4. Learned counsel for the Insurance Company in CMA No.478/2022 has opposed the arguments advanced by learned counsel for the claimant and submitted that the judgment and award dated 16.11.2021 passed by the Tribunal is illegal, perverse to the facts and material available on record. The Tribunal has not considered the fact that the FIR was lodged after an inordinate delay of 4 months and 22 days and injuries were caused from thresher machine which does not fall under the purview of the Motor Vehicle Act. So, the judgment and award dated 16.11.2021 passed by the Tribunal be quashed and set-aside. 5. I have considered the arguments advanced by learned counsel for the parties. 6. It is an admitted position that the injuries were caused to the claimant by thresher machine. In my considered opinion, the thresher machine comes under the purview of Motor Vehicle Act. So, the objection raised by the insurance company is not tenable. But The Tribunal has wrongly assessed the income of the claimant as Rs.4,914/- per month. The claimant is entitled to get amount of compensation on the basis of minimum wages prevalent at the relevant point of time i.e. Rs.189/- per day. The Tribunal has not awarded any amount towards future prospects, whereas as per age of the claimant i.e. 18 years, it should be 40% of her income. So, the judgment of the Tribunal is modified to the extent as under:- Total income for unskilled labour on the basis of minimum wages prevailing at the relevant point of time (monthly) 189X30= Rs.5,670/- Annual income 5,670 X 12 = Rs.68,040/- Multiplier to be applied 68,040 X18=Rs. 12,24,720/- Loss of Income viz-a-viz was 17.87% 12,24,720 X 17.87% = Rs.2,18,857.4(Total Round Off Rs.2,18,857/-) Add 40% towards future prospects 2,18,857 + 87,542.8 (Round Off Rs.87,543/-) = Rs.3,06,400/- Four Simple injuries suffered by the claimant, as awarded by the Tribunal Rs.10,000/- One grievous injury suffered by the claimant, as awarded by the Tribunal Rs.10,000/- Medical Expenses as awarded by the Tribunal Rs. 1,77,835/- Hospitalization Charges for 8 days @ Rs.1,000 per day, as awarded by the Tribunal Rs. 8,000/- Add Transportation charges Rs. 10,000/- Add Nutritional diet as awarded by the Tribunal Rs. 4,000/- Total Compensation awardable Rs. 5,26,235/- 5,26,235/- Less amount awarded by the Tribunal Rs. 3,36,000/- Enhanced amount of compensation (5,26,235-3,36,000) Rs. 1,90,235/- 7. 1,77,835/- Hospitalization Charges for 8 days @ Rs.1,000 per day, as awarded by the Tribunal Rs. 8,000/- Add Transportation charges Rs. 10,000/- Add Nutritional diet as awarded by the Tribunal Rs. 4,000/- Total Compensation awardable Rs. 5,26,235/- 5,26,235/- Less amount awarded by the Tribunal Rs. 3,36,000/- Enhanced amount of compensation (5,26,235-3,36,000) Rs. 1,90,235/- 7. The claimant is entitled to get a further sum of Rs. 1,90,235/- as compensation. The Insurance Company is directed to deposit enhanced amount of Rs. 1,90,235/- (5,26,235-3,36,000) 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 withdrawn the same. The enhanced amount shall carry @ 7% interest per annum from the date of filing the claim petition till the actual payment is made. 8. In the result, appeal filed by the Insurance Company is dismissed, whereas, appeal filed by the claimant is partly allowed, as indicated above. 9. Rest part of the impugned judgment shall remain unchanged. Impugned judgment and award is modified accordingly. 10. Pending application(s), if any, also stand(s) disposed of.