Through a Special Civil Miscellaneous Application, the High Court set aside the earlier award of Rs.2,42,400/- and enhanced the compensation payable to the dependents of a deceased mining labourer to Rs.5,98,240/-.
Compensation enhanced from Rs.2,42,400/- to Rs.5,98,240/- with interest at 7.5% per annum payable within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:43839]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 1080/2004
----Appellant
Versus
----Respondent
For Appellant(s) : Mr. Sandeep Sarupuria, Adv. For Respondent(s) No.3 : Mr. Sunil A. Vyas, Adv. Insurance Company
HON'BLE MR. JUSTICE MUNNURI LAXMAN
Judgment / Order
14/12/2023
[2023:RJ-JD:43839]
[CMA-1080/2004]
(2 of 3)
the Tribunal has not fixed any compensation towards future prospects and also not properly given deduction considering the dependency and the multiplier applied is also not proper. The claimants also seek enhancement of the amount granted under conventional heads.
(3 of 3) [CMA-1080/2004]
[2023:RJ-JD:43839]
awarded in the form Rs.20,000/- towards loss of love and affection shall be adjusted towards loss of consortium.
| 1. | Annual income of the deceased (1800 x 12) |
21,600 |
|---|---|---|
| 2. | Added: future prospects (40%) |
8,640 |
| 3. | Total annual income of the deceased (21,600+ 8,640) |
30,240 |
| 4. | Deducted : towards personal expenses (1/4) |
7,560 |
| 5. | Annual amount of dependency (30,240-7,560) | 22,680 |
| 6. | Multiplier to be applied |
18 |
| 7. | Total amount of dependency (22,680 x 18) |
4,08,240 |
| 8. | Added : Consortium to all claimants (40,000 x 4) |
1,60,000 |
| 9. | Added : Loss of estate |
15,000 |
| 10. | Added : Funeral expenses |
15,000 |
| Total entitlement of the appellants | 5,98,240 |
(MUNNURI LAXMAN),J
13-BhumikaP/NK/-
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal was just and adequate to be enhanced.
Smt. Panji, w/o Late Ambuji Meena
Sh. Manohar, s/o Ambuji Meena
Sh. Panna, s/o Ramji Meena
Smt. Thawri, D/o Panna Meena
Sh. Dasrath Singh s/o Raghunath Singh Rajpoot
Rajasthan Co-operative Dairy Federation Limited
Munnuri Laxman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
