Goga Devi W/o Harchand Nath v. Mohan Lal S/o Umaram
2025-03-03
REKHA BORANA
body2025
DigiLaw.ai
ORDER : REKHA BORANA, J. 1. The present misc. appeal has been preferred by the appellants-claimants seeking enhancement of the compensation amount awarded vide Judgment and Award dated 08.11.2017 passed by Motor Accident Claims Tribunal, Nagaur in MACT Case No. 118/2014 (Computer No.441/15). Vide impugned judgment/award dated 08.11.2017 the learned Tribunal awarded a sum of Rs.10,61,000/- in favour of the claimants along with the interest @7.5% per annum from the date of filing of the claim petition. 2. Brief facts as pleaded in the claim petition are that on 16.03.2014, one Harchand Nath along with Kan Nath, was en route from Nagaur to Baghnada on his vehicle bearing registration No.RJ-21-GA-9539. At around 6:30 PM, a truck bearing registration No. RJ-07-GB-6755 being driven rashly and negligently on the wrong side of the road, collided with Harchand Nath’s vehicle resulting in his fatality. FIR No. 12/2014 pertaining to the said accident was lodged at Police Station Nagaur. The offending vehicle, on the date of the accident, was insured with respondent No.3 Insurance Company. 3. The appellants-claimants are the dependents of deceased Harchand Nath. The learned Court 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.4,914/-, awarded total compensation of Rs.10,61,000/- in favor of the appellants-claimants, the breakup of which is as under: 1. Income per month (after addition of future prospects (40%) and deduction for personal and living expenses (1/4th) in the monthly income of Rs.4,914/-) Rs.5,159.7/- 2. Loss of Income (as per the age of the deceased i.e. 35 years, a multiplier of 16) 5,159.7 x 16 x 12= Rs.9,90,662.4/- 3. Under the head of ‘Consortium’ Rs.40,000/- 4. Under the head of ‘Funeral Expenses’ Rs.15,000/- 5. Under the head of ‘Loss of Estate Rs.15,000/- 6. Total amount of compensation Rs.10,61,000/- (Round Figure) Learned Tribunal below also awarded interest @7.5% per annum from the date of filing of the claim petition, i.e. 17.10.2014. 4. Learned counsel for the appellants-claimants raised the following grounds: (i) The learned Tribunal erroneously computed the income of the deceased to be Rs.4,914/- per month on basis of the wages of an unskilled labour whereas the deceased was engaged in selling construction material and hence, a monthly income of Rs.18,000/-ought to have been considered for computation of income.
4. Learned counsel for the appellants-claimants raised the following grounds: (i) The learned Tribunal erroneously computed the income of the deceased to be Rs.4,914/- per month on basis of the wages of an unskilled labour whereas the deceased was engaged in selling construction material and hence, a monthly income of Rs.18,000/-ought to have been considered for computation of income. (ii) The learned Tribunal committed a significant error in its adjudication by non-grant of compensation qua the medical bills and expenses placed on record amounting to Rs.4,00,000/-. (iii) The learned Tribunal erroneously awarded insufficient compensation qua the conventional head of ‘Consortium’. 5. Learned counsel for the respondent-Insurance Company while supporting the impugned award submitted that the learned Tribunal rightly assessed the monthly income on basis of the prevalent minimum wages as there was no documentary evidence available on record to prove the income of the deceased. Further, while refuting the submission made with regard to the medical bills and expenses, counsel submitted that certain bills were not admissible on count of being incomplete and not being the original copies. However, learned counsel could not refute the position of law regarding the compensation qua the conventional head of ‘Consortium’. 6. Heard counsel for the parties and perused the material available on record. 7. A bare perusal of the material available on record reflects that Smt. Goga Devi (AW-1), the wife of the deceased deposed her husband to be running a business of building material and to be earning a monthly income of Rs.18,000/-. AW-2 Chun Nath deposed that he had purchased building material from Harchand Nath worth Rs.22,000/-. True it is that no specific documentary evidence was placed on record to substantiate the above statements but then it is established on record that the deceased was involved in a particular business. Therefore, the assessment of income on basis of the wages for an unskilled labour, in the opinion of this Court, seems to be disproportionate. In view of the overall evidence available on record and in view of there being no contrary evidence to the same, this Court deems it proper to compute the income of the deceased at the minimum wages as applicable for a skilled labour. As per the Government Notification, the minimum wages as on 01.01.2014 prescribed for a skilled labour was Rs.209/- per day which makes the monthly income to be Rs.6,270/-. 8.
As per the Government Notification, the minimum wages as on 01.01.2014 prescribed for a skilled labour was Rs.209/- per day which makes the monthly income to be Rs.6,270/-. 8. Coming on to the amount to be awarded qua medical bills and expenses, this Court is of the opinion that all the medical bills available on record cannot be taken on their face value and only the bills that do not reflect any discrepancy can be considered. The bills exhibited twice or those reflecting an advance payment or a refund cannot be taken into consideration. 9. After examining the medical bills (Exhibits 46 to 132) in detail, it is hereby held that an amount of Rs.1,83,703/- is to be awarded qua medical bills and expenses. The list of exhibits not taken into consideration (with the reason thereof) is as follows: (i) Exhibit 61 – Bill with OPD No. LAB1259 is the same as Exhibit 78. (ii) Exhibit 69 – Bill with OPD No. LAB1268 is the same as Exhibit 83. (iii) Exhibit 70 – Bill with OPD No. LAB1280 is the same as Exhibit 80. (iv) Exhibit 72 – Bill with OPD No. LAB1283 is the same as Exhibit 81. (v) Exhibit 74 – Bill with OPD No. LAB1286 is the same as Exhibit 84. (vi) Exhibit 76 – It’s an incomplete bill. (vii) Exhibit 87 – The receipt reflects the payment of the advance amount. (viii) Exhibit 117 – The receipt reflects the payment of the advance amount. (ix) Exhibit 119 – The receipt reflects the refund amount. (x) Exhibit 125 – The receipt is an ‘Estimate Receipt’. 10. With regard to the amount to be awarded under the conventional head, the Hon’ble Apex Court, in the case of National Insurance Company Limited vs. Pranay Sethi and Ors,; (2017) 16 SCC 680 has fixed the amount payable under the conventional heads namely, loss of estate, loss of consortium and funeral expenses to be Rs. 15,000/-, Rs.40,000/- and Rs.15,000/- respectively. Further, the Hon’ble Apex Court, in the case of Magma General Insurance Co. Ltd. vs Nanu Ram Alias Chuhru Ram; (2018) 18 SCC 130 interpreted ‘consortium’ to be a compendious term which encompasses spousal consortium, parental consortium as well as filial consortium. Therefore, this Court is of the opinion that the amount as determined under the conventional head of ‘Consortium’ shall be payable to each of the claimants. 11.
Ltd. vs Nanu Ram Alias Chuhru Ram; (2018) 18 SCC 130 interpreted ‘consortium’ to be a compendious term which encompasses spousal consortium, parental consortium as well as filial consortium. Therefore, this Court is of the opinion that the amount as determined under the conventional head of ‘Consortium’ shall be payable to each of the claimants. 11. Consequently, the present appeal is partly allowed and the impugned Judgment and Award dated 08.11.2017 passed by Motor Accident Claims Tribunal, Nagaur in MAC Case No. 118/2014 (Computer No. 441/15) is modified to the extent that the appellants-claimants shall be entitled to the following compensation: 1. Income per month (after addition of future prospects (40%) and deduction for personal and living expenses (1/4th) in the monthly income of Rs.6,270/-) Rs.6,584/- 2. Loss of Income (as per the age of the deceased i.e. 35 years, a multiplier of 16) 6,584 x 12 x 16 = Rs.12,64,128/- 3. Under the head of ‘Consortium’ 40,000 x 7 = Rs.2,80,000/- 4. Under the head of ‘Funeral Expenses’ Rs.15,000/- 5. Under the head of ‘Loss of Estate’ Rs.15,000/- 6. Under the head of ‘Medical Bills and Expenses’ Rs.1,83,703/- 7. Total amount of compensation Rs.17,57,831/- 8. Amount awarded by Tribunal Rs.10,61,000/- 9. Enhanced amount of compensation Rs.17,57,831/- -Rs.10,61,000/- ------------------- Rs.6,96,831/- 12. The enhanced amount shall carry interest @6% per annum 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. 13. Pending applications, if any, stand disposed of.