Partly allowed

Smt Chota Devi and Ors. v. Shivjiram Jat and Ors.

Rajasthan HC1 Feb 2019CMA/1584/2017

Case brief

AI extract

What is this about?

An S.B. Civil Miscellaneous Appeal filed by the claimants of the deceased against the Motor Accident Claims Tribunal's award. The court enhanced the compensation to Rs. 9,94,490 by applying the Pranay Sethi multiplier and deducting personal expenses. The judgment directed the enhanced amount to be invested in a fixed deposit.

What did the court decide?

Compensation enhanced to Rs. 9,94,490 with interest; amount to be invested in fixed deposit for 2 years with interest paid monthly.

Smt Chota Devi and Ors. Vs Shivjiram Jat and Ors. — Motor Accident Claims | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJkSTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 1584/2017

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ft. 3ff--98, SlEFlT .... &

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For Appellant(s) For Respondent(s)

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HON'BLE SH GUPTA

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Judqment / Order

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01/02/2019

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This appeal for enhancement of compensation is directed against the judgment and award dated 18/1/2017 passed by the Motor Accident Claims Tribunal, Tonk (for short 'the tribunal'), whereby the tribunal awarded a sum of Rs.8,40,348/as compensation along with interest @ 7.5% per annum.

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Learned counsel for the appellants has submitted that the tribunal committed an error in awarding lesser compensation. The income of the deceased has been taken by the tribunal on the lower side. The tribunal did not award any amount towards future prospects of the deceased.

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On the other hand, learned counsel for the insurance company -' R&&f%$' '4 $ffS amount of c ed by the tribun)azl~towards nonX,.*it3-&& 1 9. pecuniary%@ei!fds is on the higher side. uJh

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I have considered the rival submissions made bv .. .. . , , - ~- - , the - . - - learned . - - - . . - -' counsel for the partieseasid aterial available on record.

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*%&;$& The claim-etitio8k claimants seeking compensatio npat Lal Mahawar in a motot- vehicle accident dhick on 5/8/2013. Though, it was the case of the eceased was earning Rs.15,000/per mon entary evidence was produced by ncome of the deceased as Rs.15,000/- per mo ibunal rightly assessed the income of the deceased as Rs. 4,316/per month i.e. Rs. 51792/- per annum on the basis of minimum wages fixed by the State Government at the relevant time for a unskilled worker. Admittedly, the deceased was aged about 26 at the time of accide,nt. Therefore, in view of the judgment of Hon'ble Apex Court in National Insurance Company Limited Vs. Pranay Sethi & Ors., reported in AIR 2017 SC 5157, an addition of

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(3 of 3)

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[CMA-1584/2017]

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40% is liable to be added to the said income towards future

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prospects of the deceased, which comes to Rs.20,717/-. Thus, the income of the deceased comes to Rs.72,509/- (51792 +20717). Keeping in view the fact that deceased was unmarried, one half of the said income is liable to be deducted towards his personal expenses. Keeping in view the age as mentioned above, multiplier of 17 would be applied to work out the dependency of the . .

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uld be further

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Impugned award dated

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Rs.9,94,490/instead OM gs

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is partly allowed. ified to the extent that by the claimants is - as awarded by the ,of the award shall be the

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,- . ..> ... , along with the interest%.@$@ qj v%3,a&

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the claim petition till period of three months

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the Tribunal within a dered that the share of

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the enhanced amount of the compensation shall be invested in fixed deposit with a nationalised bank initially for a period of 2 years and the interest accrued thereon shall be _eaid to the claimants on monthly basis.

Smt Chota Devi and Ors. v. Shivjiram Jat and Ors.

Case brief

What is this about?

What did the court decide?

Smt Chota Devi and Ors. v. Shivjiram Jat and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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