Appeal against Motor Accident Claims Tribunal award enhancing compensation from Rs. 4,61,000 to Rs. 6,17,995 by correcting deceased's income, applying 18 years multiplier, and adding future prospects.
Compensation enhanced to Rs. 6,17,995 with future prospects; amount to be invested in fixed deposit with interest paid monthly.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 173712017
----Respondents
For Appellant(s) For Respondent(s)
30/01/2019
This appeal *for enhancement of compensation is directed against the judgment and award dated 10.03.2017 passed by Additional District Judge and Motor Accident Claims Tribunal, Bansur, District Alwar (for short 'the tribunal'), whereby, the tribunal awarded a sum of Rs.4,61,000/as compensation along with interest @ 8% per annum.
Learned counsel for the appellants has submitted that the tribunal committed an error in awarding lesser compensation.
The tribunal wrongly assessed the income of the deceased as Rs.4,500/- per month only. Even at the relevant time, prevalent rate of minimum wages fixed by the State Government was Rs.4914/-. The tribunal also erred in not awarding any compensation towards future prospects of the deceased. The tribunal further erred in applying the multiplier of 13 on the basis of the age of the parents. As the age of the deceased was 18
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the claimants seeking compensation on accoungo aresh in a motor vehicle accident which occur re'^ prove the income of the deceased as R ntary evidence was produced by the appe ssessed the income of the deceased as Rs.4, wever, at the relevant time, prevalent rate of minimum wages fixed by the State Government was Rs.4914/-. Thus, the income of the deceased is liable to be determined as Rs.4,914/- i.e. Rs.58,968/- per annum. As the deceased was aged about 18 years at the time of accident, 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 4O0/0 is to be
(3 of 3) - [CMA-1737/2017] I
awarded towards future prospects of the deceased, which comes to Rs.23,587/-. Thus, the income of the deceased comes to Rs.82,555/(58968+23587). Keeping in view the fact that deceased was unmarried, one half of the said income is liable to be deducted towards personal expenses of the deceased. As the deceased was aged about 18 years at the time of accident. Thus, to work out the dependency of the claimants multiplier of 18
is partly allowed. " Impugned award date aified to the extent that by the claimants is s.tS,iZ,995/inseaa - as awarded by the tribunal. Remaining ter the award .shall be the same. The Insurance 4 the enhanced amount along with the m the date of filing c the claim petition till the tribunal within a period of three months red that the share of 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 paid to the claimants on monthly basis.
(PRAKAHG u PTA) , J
Mohit55
2 issues framed by the court
Whether the tribunal erred in assessing the deceased's income and applying the wrong multiplier.
Whether future prospects compensation should be awarded to the deceased.
Colour shows how this judgement treated each authority
National Insurance Company Limited Vs. Pranay Sethi & OrsApplied¶22
AIR 2017 SC 5157 · Who else cites this
Bimla Devi
Matadeen
State of Rajasthan
PRAKASH
MOHIT
As recorded by the court registry
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