Rajasthan High Court - Jaipur
Sona & Ors vs Ajit Mohammad & Ors on 18 September, 2013
Author: Arun Bhansali
Bench: Arun Bhansali
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR : J U D G M E N T : S.B. CIVIL MISC. APPEAL NO.3120/2009 Sona & Ors. vs. Ajit Mohammad & Ors. Date of Judgment :: 18.09.2013 PRESENT HON'BLE MR. JUSTICE ARUN BHANSALI Mr. Sanjay Singhal, for the appellants. Mr. Santosh Kumar Jain, for the respondents No.1 & 2. Dr. M.S. Kachhawa, for the respondent No.3. ----- BY THE COURT:
Heard learned counsel for the parties.
This appeal is directed against the judgment and award dated 2.2.2009 passed by Motor Accident Claims Tribunal, Baran ('the Tribunal'), whereby for the death of one Surendra, aged about 16 years, the compensation of Rs.1,80,000/- has been awarded to the parents alongwith interest @ 7.5% p.a. from the date of application i.e. 16.6.2007.
It is submitted by learned counsel for the appellants that the award of compensation by the Tribunal is on a lower side, inasmuch as, while awarding compensation based on notional income, 1/3rd amount has been deducted towards personal expenses and amount in consideration of future prospects have also not been awarded. It is further submitted that the award of compensation under the head of loss of love and affection is also highly inadequate and the same deserves to be enhanced.
On the other hand, learned counsel appearing for the respondent-Insurance Company submitted that the claimants have failed to lead any cogent evidence so as to claim the compensation as demanded in the application before the Tribunal and therefore, the Tribunal was justified in awarding the compensation at Rs. 1,80,000/- and the same does not require any interference.
I have considered the rival submissions made by the parties.
So far as the claim of the appellant towards he being self-employed is concerned, the Tribunal has rightly come to the conclusion that after going to school from 10:00 a.m. to 5:00 p.m. it is not believable that the deceased used to thereafter work and would earn about Rs. 100/- per day. However, once the Tribunal had taken the notional income at Rs.15,000/- per annum for the purpose of awarding the compensation, thereafter deducting 1/3rd towards personal expenses and that also of a 16 year old boy appears to be not justified in the facts and circumstances of the case. Further in view of law laid down by the Hon'ble Supreme Court in the case of Rajesh & Ors. vs. Rajbir Singh & Ors. : 2013 ACJ 1403, the claimants have also made out a case of award of future prospects @ 50%.
So far as award of compensation under the head of loss of love and affection is concerned, the award under the said head at any rate or amount cannot compensate for the loss of a young member in the family and therefore, any amount awarded by the Tribunal has to be seen and taken as a token compensation and therefore, the same does not require any interference.
In view of the above, the compensation payable to the appellants would stand modified towards loss of income as under:-Rs. 15,000/- + 7,500/- = Rs. 22,500/- x 15 = Rs. 3,37,500/-. The appellants would be entitled to interest @ 6% p.a. on the enhanced amount of Rs. 1,87,500/- from the date of application i.e. 16.6.2007 also.
Consequently, this appeal is partly allowed. The award passed by the Tribunal is modified to the extent that the appellants would be entitled to a further sum of Rs. 1,87,500/- alongwith interest @ 6% from 16.6.2007. The amount be paid by the respondent-Insurance Company within a period of two months from today.
No costs.
(ARUN BHANSALI), J.
rm/-
All necessary corrections have been incorporated in the judgments/orders.
Rakesh Mathur PA