The court allowed the appeal partly and enhanced the compensation amount awarded by the Motor Accident Claims Tribunal from Rs.7,94,446 to Rs.8,44,450, including future prospects of the deceased and interest.
Compensation enhanced to Rs. 8,44,450 along with interest @ 7% per annum from the date of filing of the claim petition.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1847/2018
----Appellants
Versus
----Respondents
For Appellant(s) : Mr. J.P. Gupta For Respondent(s) : Mr. Virendra Agarwal
HON'BLE MR. JUSTICE PRAKASH GUPTA
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[CMA-1847/2018]
Judgment / Order
01/02/2019
This appeal for enhancement of compensation is directed against the judgment and award dated 26.02.2018 passed by the Motor Accident Claims Tribunal No.2, (Additional District Judge), Beawar, District Ajmer (for short ‘the tribunal’), whereby, the tribunal awarded a sum of Rs.7,94,446/- as compensation along with interest @ 7% per annum from the date of filing of the claim petition.
Learned counsel for the appellants has submitted that the amount of compensation awarded by the tribunal is on the lower side. The deceased was working as Khallasi and was earning Rs.10,000/- per month. This fact was duly proved by NAW-1 Raj Kumar. In spite of that, the learned tribunal erred in determining the monthly income of the deceased as Rs.5,122/- per month. The tribunal also erred in awarding lesser amount towards conventional heads. The tribunal further erred in not awarding any interest on the amount awarded towards future prospects of the deceased.
On the other hand, learned counsel for the respondent No.3-insurance company has opposed the appeal and supported the impugned judgment and award.
I have considered the rival submissions made by the learned counsel for the parties and have perused the material available on record.
The claim-petition was filed by the claimants under Section 166 of the Motor Vehicles Act, 1988 (for short “The Act of
(3 of 4)
[CMA-1847/2018]
National Insurance Company Limited Vs. Pranay Sethi &
Ors., reported in AIR 2017 SC 5157, an addition of 40% of the said income was rightly added by the tribunal towards future prospects of the deceased, which comes to Rs.24,586/-. Thus, the income of the deceased comes to Rs.86,050/- (61464+24586). Keeping in view the fact that deceased was unmarried, one half of the said income was rightly deducted towards his personal expenses. Keeping in view the age of the deceased, multiplier of 18 was rightly applied by the tribunal to work out the dependency of the claimants. In this way, the amount of compensation comes to Rs.7,74,450/- (86,050x1/2x18). The claimants would be further entitled to receive a sum of Rs.70,000/- towards conventional heads. Thus, the total amount of compensation receivable by the claimants comes to Rs.8,44,450/-(774450+70000). Further, the appellants-claimants are entitled to receive interest @ 7% per annum on Rs.7,94,450/-(8,44,450-50,000) from the date of filing of the claim petition till the date of payment.
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[CMA-1847/2018]
In view of the above, the appeal is partly allowed. The amount of compensation receivable by the claimants is enhanced to Rs.8,44,450/-. Remaining terms and conditions of the award shall be the same. The Insurance Company shall deposit the enhanced amount along with the interest with the Tribunal within a period of two months from today.
(PRAKASH GUPTA),J
Mohit118
2 issues framed by the court
Whether the compensation awarded by the Tribunal was adequate to be enhanced.
Whether the Tribunal erred in assessing the monthly income of the deceased and the quantum of conventional heads.
Colour shows how this judgement treated each authority
National Insurance Company Limited Vs. Pranay Sethi & Ors.Applied¶26
AIR 2017 SC 5157 · Who else cites this
1 provisions across 1 enactments
Laxman Singh
Nemi
Champa
Chandrawati
Mahadev Singh
Paras Devi Mishra
PRAKASH GUPTA
As recorded by the court registry
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