This appeal challenges the compensation award by the Motor Accident Claims Tribunal for the death of Mahendra Kumar in a motor vehicle accident. The High Court upheld the Tribunal's assessment of income and the quantum of compensation, finding no error.
Appeal dismissed; compensation award of Rs.12,55,260/- stands upheld.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 237/2020
----Appellants
Versus
----Respondents
For Appellant(s) : Mr. Akshat Chaudhary
HON'BLE MR. JUSTICE PRAKASH GUPTA Judgment
17/02/2020
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Instant appeal has been filed by appellants-claimants (hereinafter referred to as “the claimants”) for enhancement of compensation against the judgment and award dated 27.11.2019 passed by Motor Accident Claims Tribunal, Sikar (for short ‘the Tribunal’), whereby the Tribunal awarded a sum of Rs.12,55,260/as compensation along with interest @ 7% per annum in favour of the claimants from the date of filing of the claim petition.
It is submitted by the learned counsel for the claimants that the Tribunal erred in awarding lesser compensation. It has further been submitted that at the time of accident the deceased was 25 years old and working as agriculturist, animal husbandry and milk vendor and earning more than Rs.20,000/- per month but the Tribunal assessed only Rs.5226/- per month as income of the deceased. He further submits that at the time of accident, the deceased was 25 years of age and as such 100% should have been awarded towards future prospects instead of 40%, but the learned Tribunal has utterly failed to consider this aspect of the matter. Thus, the impugned award is liable to be modified and the amount of compensation is required to be enhanced.
I have considered the submissions made by the learned counsel for the claimants and have perused the material available on record.
The claim-petition was filed by the claimants seeking compensation on account of death of Mahendra Kumar in the motor vehicle accident which occurred on 03.01.2016. Although, the case of the claimants was that at the time of accident, the deceased was working as agriculturist, animal husbandry and milk vendor and was earning more than Rs.20,000/- per month, but to
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[CMA-237/2020]
prove the same, no documentary/reliable evidence was produced by them. Thus, the Tribunal rightly assessed the income of the deceased as Rs.5226/- per month i.e. Rs.62,712/- per annum on the basis of the prevalent rate of minimum wages fixed by the State Government. Admittedly, the deceased was aged about 25 years at the time of accident. Therefore, in view of the judgment of the Hon’ble Apex Court in National Insurance Company Limited Vs. Pranay Sethi & Ors., reported in AIR 2017 SC 5157, an addition of 40% was rightly added by the Tribunal towards future prospect of the deceased, which comes to Rs.25,085/- per annum. Therefore, the annual income of the deceased comes to Rs.87,797/- (62712+25085). Keeping in view the number of dependents, the Tribunal rightly deducted one fourth of the said income towards personal expenses of the deceased. Keeping in view the age of the deceased, multiplier of 18 was rightly applied by the Tribunal. In this way, the amount of compensation comes to Rs.11,85,260/- (87797x3/4x18). 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.12,55,260/-(11,85,260+70000), which has already been awarded by the Tribunal.
Therefore, the impugned judgment and award does not call for any interference by this court.
Consequently, the appeal fails and is accordingly dismissed.
(PRAKASH GUPTA),J
Mohit28
3 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in assessing the deceased's income at Rs.5226/- per month in absence of documentary evidence.
Whether the Tribunal rightly awarded 40% compensation towards future prospects based on the deceased's age of 25 years.
Whether the impugned award of Rs.12,55,260/- requires enhancement on appeal.
Colour shows how this judgement treated each authority
National Insurance Company Limited Vs. Pranay Sethi & Ors.Relied on¶24
National Insurance Company Limited Vs. Pranay Sethi & Ors. reported in AIR 2017 SC 5157 · Who else cites this
Smt. Mintu Devi W/o Late Mahendra Kumar
Palak D/o Late Mahendra Kumar
Khushi D/o Late Mahendra Kumar
Keshri Devi W/o Jhabarmal
Jhabarmal S/o Gordhan
Madan Lal S/o Manlaram
Prakash Gupta
As recorded by the court registry
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