Allowed

Smt Guddi Devi Saini and Others v. Bharat Lal and Another

Rajasthan HC13 Aug 2019CMA/2741/2016

Case brief

AI extract

What is this about?

This appeal challenged the Motor Accident Claims Tribunal's award of compensation. The High Court enhanced the compensation amount by recalculating the deceased's income based on prevailing minimum wages and applying future prospects, directing the deposit of the enhanced amount with interest.

What did the court decide?

The total compensation to the claimants was enhanced to Rs. 11,84,560 along with interest at 6% per annum, to be deposited with the Tribunal within two months.

Smt Guddi Devi Saini and Others Vs Bharat Lal and… — Motor Accident Claims | Rajasthan HC (2019)

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HIGH COURT OF J.UDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 2741/2016

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1.Smt Guddi Devi Saini, age 24 years, w/o late Shri Chandra .Prakash, 2. Krishna Kumar Saini, age 8 years, S/o late Shri Chandra Prakash, 3. Kumari Mamta Saini, age 5 years, D/o late Shri Chandra Pra kash., 4. Kumari Khushi Saini, a,gq 3 ?years, D/o late Shri Chandra , b, , 4-J; p ,,.< f -3%- +%, fl .sL^&j/; ,p Pra kas h , /::.. .:\ .. . -. . 4 ?, -* ii ,/-$ A 4u k Appellants NO.^?& ,$ 4 are minor through nat'Gr81 .-', auardian ,-,? , mother '$=--;.L~ Smt. Gudd.i+DeV~ Q~ :j Saini,, W/o Late Shri Chandra rakgs~; R * 5. Narsi a:-;dge 50 years, S/o Late Shri Motilal Sain'i;- <7+...' _f_ t* 6. Smk?iManni Devi, age 47 years, w/o Narsi Lal Saini ,#P + s 7. Smt.. Galgo Devi Saini, age 90 years, W/o shri Moti.lal Saini ii7imadpura. .. . Tehsil Ramsarh - /'--)- 3 5 , ' tB &2 ?; _.5::<_ .h** Pachwara, District ~au'q, F4 , G **fiI?J'$,-. .h>l, ?& .: b. ?>-=', . a.i$, *,),+<: &;>$ j3 =%. *<,?- ;: &-:,"&pi q+e;$y:? , ,?& **:pt,=<:** * l-f++ ,:J,.'"+;&;{ .. A ,a .J..,;:y..? , .: I...r .$-a . gay f.trr,,~-3ppellants/Claimants 3 2z -,I 3 cr ,.-..+ . . % ( %I.&-. d .?L &" : $8 k.+y;+ &, ,.%&.! L+p.#~e,s.:-s~~$k ,*& ", -~.,."..-- , ;iJ+3. ,i% & 6..& ,$!*A ,%??.. d.4 % & ,? . i =, b **i; '-IL.;tf rry'>* i;>jfia T$g?>$?.<- ..&+# **r$ t.,** , .: **9** ,A%., 1. Bharat Lal /~hauth~~$$~fie:a@t&!~al: e!-:~a?, &&-. .-q:y$,>: I .5iJ+:L-JiL$ ' R/o Deedwana, Tehsil & Police Station lf.S$$$@,$ :: ' . **r** * .t r.i'~ . l . L' :B#$&$$? . .. , . ., ,-. . , (Rajasthan). (Driver & Owner of the vehicle NO.RL~-&$R&~@~~;, a si ,, :>3i 2. The Oriental Insuranc4 First Floor, Above ~an@dd

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For Appellant(s) +rp 9 .?-.. +-2~k *MCp R. B& +- 5 dsk&$2Fak;a - 3 $7 % --d h S h a rm a .%!-4 r+, r. ' ' "M For Respondent(s) Ld te& iPakr,+a

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HON'BLE MR. JUSTICE PRAKASH GUPTA

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Judqment

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13/08/2019

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This appeal for enhanczment of compensation is directed against the judgment and award dated 27.11.2015 .passed by Motor Accident Claims Tribunal, Lalsot; District Dausa

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(for short 'the Tribunal'), whereby the Tribunal awarded a sum of Rs.9,01,880/as compensation along with interest @ 6% per annum from the date of filing of the claim petiti.on.

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Learned counsel. for the appellants has submitted that the Tribunal committed an error in awarding lesser compensation. The Tribunal taking the income of the deceased on the lower side.. Even at the relevant time, prevalent rate of minimum wages fixed

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taken the income of b.~~digg,ese~~,-22asRs.4,000/per month. ,*. - ."I."" ' 4 r; +{j 'qj ".n &-ka:j f;T Hswever, at the relevant time, rate of minimum wages fixed by the State Government was Rs.4,914/per month. Thus, the income of the deceased is to be assessed as Rs.4,914/per month. There is no dispute that the age of the deceased was 25 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 added towards future prospect of the

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(3 of 3)

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[CMA-2741/2016]

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deceased, which comes to Rs.19651- per month. Thus, .the monthly income of the deceased comes to Rs.6,880/(4914+1966). Keeping in view the. number (i.e. five) of the dependents of the deceased, one fourth (114) of the said income is to be deducted towards personal expenses of the deceased. Keeping in view the age of the deceased, multiplier of 18 would be applied to work out the dependency of the claimants. In this way, -a *Y i-C h, I%+,\ hi' $6~ the amount of ,;6hpesatione~meto Rs.11,14,560/44& $'.+ /(\ -i_" 2f-2.y 4; [f-q (6880123/+$LL. The claimants would be '%udFter entitled to 4'. g "i&A.rkl 8. r Y F receive R!0,000/- towards conventional heads. T~>U.EJ=. the total %J $2 .?'d /' \ he- "2 amount of compensation receivable by the claimants comes to

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Rs. 11,84,560/-(I 1145

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allowed. Impugned award dated 27.11.2 the extent that the compensation amou the claimants is s awarded by the Tribunal. Remaining te the award shall be the ny shall deposit the enhanced amount alon 6% per .annum from the date of filing of the,claimqeti.tion 7c ,.-.,.ew. :--, - -.--- s ...-. y,L..-..4-Ame. ti.1.I-date > of payment with the **_<,J'_** j-'S p.' w.Y **_j_** '%;-Td " *P** %> . , 4: \k, i; ,q c#:$ ,s -, 'Q Tribunal within a period of two months from today. It is order.ed that the share of the enhanced amount of the compensation shall be invested in fixed deposit with a nationalised bank initially fo.r a period of 2 years and the interest accrued thereon shall be paid to the claimants on monthly basis.

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Mohit Rohila 151

Smt Guddi Devi Saini and Others v. Bharat Lal and Another

Case brief

What is this about?

What did the court decide?

Smt Guddi Devi Saini and Others v. Bharat Lal and Another

Case brief

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