The High Court enhanced motor accident compensation to Rs. 5,33,680 for the death of Ramesh Chand, correcting the Tribunal's income assessment and adding future loss of earnings in accordance with Supreme Court precedent.
Compensation enhanced to Rs. 5,33,680; Insurance company to deposit amount with interest within two months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN
; BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 50812016
ppellants/Claimants
HON'BL~ MR. JUSTICE PRAKASH GUPTA
Judqment
(2 of 4)
[CMA-508/2016]
This appeal for enhancement of compensation is directed against the judgment and award dated 06.06.2015 passed by Motor Accident Claims Tribunal, Kotputli, District Jaipur .(for short 'th,e Tribunal'), whereby the Tribunal awarded a sum of Rs.4,80,080/- as compensation along with interest @ 7.5O/0 per annum from the date of filing of the claim petition.
Le.arned counsel for the appellants has submitted that - T& , /$". y+J the Tri b,unal cornmit'ted?p.n error i r compensation. t? -3 k, LO. The Tribunal hs~erred in not awarding any amou~~~~wards future (' 9 the deceased. It is also submitted %b$if. amount i;' 2,, .,/ ,i awarded towards conventional heads is also on the lower side.
for the respondent as Rs.2,800/- per wages fixed by the State Government w th. Thus, the income of the deceased should red as Rs.1898/- per month.
issions made by the ""i w learned counsel for t~~~~~~~i~g~~~~~~;;~~; , ,s ave perused the material 4 j w J lj "',! ' ; available on record.
The claim-petition was filed by the appellants seeking compensation on account of death of Ramesh Chand in the motor vehicle accident which occurred on 04.12.2005. Although, the case of the claimants was that the deceased was earning ' Rs.l0,000/per month, but to prove the same, no documentary evidence was produced by the claimants. The Tribunal has taken
the income of the deceased as Rs.28001- per month without any basis. On 20.04.2007, prevalent rate of minimum wages fixed by the State was Rs.18981- per month and in this matter accident had occurred on 04.12.2005. The rate of minimum wages was revised at Rs.26001- per month on 01.03.2008. Considering the above facts and circumstances, the income of the deceased is liable to be taken as Rs.23001- per month. There is no dispu.te p ps T-$ Jftn that the deceased. yvaagi$ljl'dl 2 '&bs " 32 yeats! at h>e dime of the accident. x h-...J//1 1i $ c- -+Therefore, in yihef of the judgment of ~on'ble'.p:2, Court passed B.:' ,+ "ssy P) in NationrhInsurance Company Limited Vs. Pranajk Sethi & %. </jT-$ A.;k$" $4 ,'$+'..t -9. Ors,, reported in AIR 2017 SC 5157, an addition of ',4O0/0 is to be added towards sed, which comes to Rs.9201-. Thus, eceased comes to Rs.3220/-(2300+92 number of the dependents, i.e, si income is to be deducted towards p ceased. Keeping in view, the age of the de , multiplier of 16 would be applied. In this pensation comes to Rs.4,63,68'0/- (3220x ts would be further entitled to receive Rs.70 P~~~~"- 000[~~towards --$?:-, conventional heads. Thus, q3 + p*=j G~ U-jj L3; s g- kl! the total amount of compensation recgivable by the claimants comes to Rs.5,33,680/-(463680+70000).
Accordingly, this appeal is partly allowed. Impugned . award dated 06.06.2015 is modified to the extent that the compensation amount receivable by the claimants is Rs.5,33,680/instead of Rs.4,80,080/as awarded by the Tribunal. Remaining terms and conditions of the award shall be the same. The Insurance Company shall deposit the enhanced amount
along with the interest @ 6% per annum from the date of filing of the claim petition till date of payment with the Tribunal within a period of two months from today.
(PRAKASH GUPTA),J
Mohit Rohila /50
2 issues framed by the court
Whether the compensation awarded by the Tribunal should be enhanced considering the age of the deceased and correct income assessment.
Whether future loss of earnings should be awarded in addition to conventional heads.
Colour shows how this judgement treated each authority
Nation Insurance Company Limited Vs. Pranajk Sethi & OrsApplied¶18
Nation Insurance Company Limited Vs. Pranajk Sethi & Ors reported in AIR 2017 SC 5157 · Who else cites this
1 provisions across 1 enactments
Rajbala
Pradeep
Reena
Narendra
Yogesh
Bangals Devi
Prakash Gupta
As recorded by the court registry
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