[2024:RJ-JP:24380]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 586/2022
1. Smt. Ramkanya @ Kanya Wife Of Late Dev Karan, Aged About 34 Years, Residents Of Village Lavera, Tehsil Nasirabad, District Ajmer (Raj.).
2. Bhagwan Son Of Late Devkaran, Aged About 10 Years, Minor Through His Mother And Natural Gauardian Smt. Ramkanya @ Kanya Wife Of Late Devkaran.residents Of Village Lavera, Tehsil Nasirabad, District Ajmer (Raj.).
3. Chandmal Son Of Late Devkaran, Aged About 11 Years, Minor Through His Mother And Natural Gauardian Smt. Ramkanya @ Kanya Wife Of Late Devkaran.residents Of Village Lavera, Tehsil Nasirabad, District Ajmer (Raj.).
4. Pooja Daughter Of Late Devkaran, Aged About 13 Years, Minor Through Her Mother And Natural Gauardian Smt. Ramkanya @ Kanya Wife Of Late Devkaran.residents Of Village Lavera, Tehsil Nasirabad, District Ajmer (Raj.).
5. Sukhdev Son Of Late Ladu, Aged About 66 Years, Residents Of Village Lavera, Tehsil Nasirabad, District Ajmer (Raj.).
6. Kamla Wife Of Sukhdev, Aged About 63 Years, Residents Of Village Lavera, Tehsil Nasirabad, District Ajmer (Raj.). ----Appellants
Versus
1. Satvinder Singh Son Of Bacchan Singh, Resident Of Faridkot, Punjab-151203 (Driver Truck No. Pb-11-Av-
9438).
2. Gurnam Singh Son Of Maan Singh, Resident Of House No. 44, Village Jasuin, Hp No. 256, Tehsil Rajpura, District Patiala, Punjab (Owner Truck No. Pb-11-Av- 9438).
3. United India Insurance Company Limited, Registered Office At 23 White Road, Chennai, Branch Office At Bypass Patiala Road, Samana Patiala, Punjab, Having Its Regional Office At Vishal Chambers, Tonk Road, Jaipur Through Its Regional Manager (Insurer Truck No. Pb-11- Av-9438).
----Respondents
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For Appellant(s) : Mr. Vinay Mathur, Adv. For Respondent(s) : None
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Judgment
DATE OF JUDGMENT 23 /05/2024
The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants (for short 'the claimants') dissatisfied with the judgment and award dated 25.11.2021 passed by the Motor Accident Claims Tribunal, Ajmer (for short 'The Tribunal') in MAC Case No.279/2019, whereby the Tribunal has awarded a sum of Rs.13,19,240/- along with interest @ 9% per annum from the date of filing the claim petition as compensation in favour of the claimants. Learned counsel for the claimants submits that Tribunal had erred in assessing the income of the deceased as Rs.6,162/- per month. Learned counsel for the claimants further submits that the deceased was skilled labour in the business of Terracotta items. The claimants exhibited the certificate (Exhibit-19) in the evidence in this regard. So, income of the deceased be calculated accordingly. Learned counsel for the claimants further submits that the Tribunal has committed error in awarding a very meager lump sum amount of Rs.44,000/- towards loss of consortium and love and affection, whereas it should be Rs.40,000/- towards loss of consortium and love and affection for each claimant. So, the judgment and award of the Tribunal may be modified accordingly.
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Despite service of notice, none has appeared on behalf of Insurance Company.
I have considered the arguments advanced by learned counsel for the claimants and perused the impugned judgment. It is an admitted position that the deceased was skilled labour in making terracotta items. The claimants exhibited the certificate (Exhibit-19) issued by Development Commissioner- Handicraft Department (Ministry of Textile) in this regard. So, in my considered opinion, the Tribunal has committed error in considering the income of the deceased as prevalent at the relevant point of time for a semi skilled labour. Looking to the expertise of of the deceased, claimants are entitled to get minimum wages of skilled labour prevalent at the relevant point of time i.e., Rs.249/- per day. Learned counsel for the claimants further submits that the Tribunal has also committed an error in granting very meager lump sum amount of Rs.44,000/- towards loss of consortium and love and affection, whereas it should be Rs.40,000/- towards loss of consortium and love and affection for each claimant. So, the judgment of the Tribunal is modified to the extent as under:-
| Monthly Income | Rs.249 X 30=/-7,470/- |
| Annual Income | Rs.7,470 X 12 =89,640/- |
| According to the age of the deceased i.e. 34 years, multiplier 16 to be applied | Rs. 89,640 X 16 =14,34,240/- |
| Add 40% towards future prospects (+) | Rs.14,34,240 X 40%=5,73,696/- (14,34,240+5,73,696=20,07,936/- |
| As per dependency, 1/4 income to be deducted for personal expenses of the deceased(-) | Rs.20,07,936 X1/4=5,01,984/- (Rs.20,07,936-5,01,984=15,05,952/- |
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| Loss of Consortium and Love & Affection (40,000 X 6) | Rs.2,40,000/- |
| Funeral Expenses | Rs.16,500/- |
| Loss of Estate | Rs.16,500- |
| Total | Rs.17,78,952/- |
| Less amount awarded by the Tribunal | Rs. 13,19,240 /- |
| Enhanced Amount of Compensation | Rs.17,78,952 /- – Rs. 13,19,240 /- =Rs.4,59,712/- |
In view of the above, the claimants are entitled to get a
further sum of Rs.4,59,712/- as compensation. Insurance
Company is directed to deposit enhanced amount of Rs.4,59,712/-
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 9% interest from the date of
filing of claim petition till the actual payment is made.
Consequently, the appeal is partly allowed.
Rest part of the impugned judgment shall remain
unchanged. Impugned judgment and award is modified
accordingly.
Pending application(s), if any, also stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
AVINASH GULERIA /122
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