Rajasthan High Court - Jaipur
Nandu Devi Anr vs Sohan Lal And Ors on 23 February, 2022
Author: Anoop Kumar Dhand
Bench: Anoop Kumar Dhand
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 769/2017
1. Nandu Devi W/o Motilal, aged about 48 years, R/o Gram
Juniya, Tehsil Devli, District Tonk Raj.
2. Motilal S/o Nandaram, aged about 57 years, R/o Gram
Juniya, Tehsil Devli, District Tonk Raj.
----Appellants/Claimants
Versus
1. Sohanlal S/o Sukhdev, R/o Aakodiya, Tehsil Devli, District
Tonk
2. Shankarlal S/o Pokharlal Meena, R/o Aakodiya, Tehsil
Devli, District Tonk
3. United India Insurance Company Ltd., Branch Office,
Nijam Beedi Factory Ke Pass, Subhash Bazar, Tonk
----Non-Claimants/Respondents
For Appellant(s) : Mr. Deepak Khandelwal For Respondent(s) : Mr. M.S. Chaudhary HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Judgment 23/02/2022 The instant appeal has been filed by the appellants-claimants under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 07.11.2016 passed by Judge, Motor Accident Claims Tribunal, Tonk (for short 'the Tribunal') in claim case No. 153/2014, whereby the Tribunal has awarded a sum of Rs. 5,05,232/- in favour of claimants-appellants.
Learned counsel for the appellants-claimants submits that while passing the impugned award the Tribunal has granted (Downloaded on 25/02/2022 at 09:15:43 PM) (2 of 4) [CMA-769/2017] compensation to the claimants by assessing the income of the deceased for 26 days in a month. While it is a settled position of law that the income of the daily wager is to be assessed for 30 days instead of 26 days. In support of his contentions, learned counsel for the appellants-claimants has placed reliance upon the judgment of Jalaur Singh and Ors. Vs. Barkat Singh and Ors., reported in 2012 (2) MACT Raj. 692.
Learned counsel for the appellants-claimants further submitted that not a single penny has been awarded to the claimants towards future prospects and as per the judgment delivered by the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi & Ors., reported in AIR (2017) 16 SCC 680, the claimants are entitled to get 40 per cent amount towards future prospects.
Per contra, learned counsel appearing for the Insurance Company opposed the arguments raised by the counsel appearing for the claimants-appellants and submitted that the Tribunal has not committed any error while passing the impugned award, hence, interference of this Court is not required.
Heard. Considered.
In view of the settled position of law and more particularly the judgment passed in the case of Jalaur Singh (supra), this Court is of the view that the Tribunal ought to have considered the income of the deceased daily wager for 30 days daily wages instead of 26 days and in view of the judgment of Pranay Sethi (supra), claimants-appellants are entitled to get 40 per cent as future prospects towards loss of income, hence, the appellants- claimants are entitled to get the following amount of compensation:
(Downloaded on 25/02/2022 at 09:15:43 PM)
(3 of 4) [CMA-769/2017]
Monthly income Rs.166 X 30 = Rs.4,980/-
Annual income Rs. 4,980/12 = Rs. 59,760/- per annum
Multiplier to be applied 17
59,760X 17 = Rs./-10,15,920/-
Less 50 per cent Rs.10,15,920 - Rs. 5,07,960
= Rs. 5,07,960/-
Add 40 per cent towards Rs. 5,07,960 + Rs. 2,03,184 future prospects = Rs. 7,11,144/-
Add general expenses Rs. 30,000/- (conventional) Total compensation Rs. 7,11,144+30,000 =Rs. 7,41,144/- awardable Less amount awarded by the Rs. 7,41,144 - Rs.5,05,232 = Tribunal Rs.2,35,912/- Enhanced amount of Rs. 2,35,912/- compensation
Accordingly, this appeal stands allowed and the award passed by the Tribunal stands modified to the extent that the appellants-claimants are entitled to get a further sum of Rs. 2,35,912/- by way of enhanced compensation, the remaining terms and conditions of the award shall remain unchanged.
It is further ordered that out of the enhanced amount a sum of Rs. 50,000/- be deposited in the Saving Bank Account of the claimants and the remaining amount of enhanced compensation be invested in a fixed deposit with any Nationalised Bank initially for a period of three years and the interest accrued on the said amount shall be paid to the appellants on monthly basis.
The respondents are directed to deposit the enhanced amount within a period of four weeks from today with interest @ 6% per annum from the date of filing of the claim petition.
Consequently, the present appeal stands allowed. All pending application(s), if any, stand disposed of. (Downloaded on 25/02/2022 at 09:15:43 PM)
(4 of 4) [CMA-769/2017] Registry is directed to send back the record of the Tribunal forthwith.
(ANOOP KUMAR DHAND),J Ritu/7 (Downloaded on 25/02/2022 at 09:15:43 PM) Powered by TCPDF (www.tcpdf.org)