A High Court Bench enhanced compensation awarded by the Motor Accident Claims Tribunal in a motor vehicle accident claim case, correcting errors in income assessment, duration of loss, and heads of liability.
Compensation enhanced to Rs. 11,73,188/- and deposited by the RSRTC within two months with interest.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2616/2017
----Appellant
Versus
----Respondent
Connected With
S.B. Civil Miscellaneous Appeal No. 2238/2017
Rajasthan State Road Transport Corporation Through General Manager, Head Office, Parivahan Marg, Chomu House, Jaipur Raj. Owner Of Bus No. Rj-14-Pa-9867
----Appellant
Versus
[CMA-2616/2017]
(2 of 6)
----Respondents
| For Appellant(s) | : | Mr. Rakesh Bhargava, Adv. in S.B. Civil Miscellaneous Appeal No. 2616/2017 Mr. Virendra Agrawal, Adv. in S.B. Civil Miscellaneous Appeal No. 2238/2017 |
|---|---|---|
| For Respondent(s) | : | Mr. Rakesh Bhargava, Adv. in S.B. Civil Miscellaneous Appeal No. 2238/2017 Mr. Virendra Agrawal, Adv. S.B. Civil |
| Miscellaneous Appeal No. 2616/2017 |
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
(3 of 6) [CMA-2616/2017] ORDER RESERVED ON :: 20/04/2023 ORDER PRONOUNCED ON :: 24/04/2023
The aforesaid instant appeals have arisen from the judgment and award dated 24.03.2017 passed by the Motor Accident Claims Tribunal, Kotputli, Jaipur (for short ‘the Tribunal’) in Claim Case No.424/2014, titled as “Smt. Mohini & Ors. Vs. Narendra & Ors.”, whereby the Tribunal while allowing the claim petition, has awarded a sum of Rs.9,86,780/- along with interest @ 7.5% per annum from the date of filing of the claim petition in favour of the claimants-appellants (for short’ the claimants’)
CMA No.2616/2017 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal whereas CMA No.2238/2017 has been filed by the Rajasthan State Road Transport Corporation(for short ‘the RSRTC’) challenging the judgment & award passed by the Tribunal on the various grounds.
CMA No.2616/2017- Learned counsel for the claimants submits that the deceased-Ramotar was working as Halwai at Ganesh Misthan Bhandar and getting salary of Rs.15,000/- per month but the Tribunal has wrongly disbelieved the said fact and awarded compensation on the basis of minimum wages prevalent at the relevant of time. Learned counsel for the claimants further submits that the Tribunal considered the income of deceasedRamotar only for 26 days while calculating the monthly wages. Learned counsel for the claimants also submits that the Tribunal has awarded only Rs.40,000/- towards love and affection whereas it should be Rs.40,000/- for each claimant. Learned counsel for the claimants further submits that the Tribunal has awarded only
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Rs.10,000/- for funeral expenses, whereas it should also be increased. So, order of the Tribunal may be modified accordingly. Learned counsel for the claimants has placed reliance upon the following judgments:- Indra Devi & Ors. Vs. Satveer Singh & Ors. in S. B. Civil Miscellaneous Appeal No.5451/2008 decided on 03.02.2022 ;(2) New India Assurance Company Ltd. Vs. Smt. Somawati & Ors. in Civil Appeal Nos.3093/ to 3099/2020 decided on 07.07.2020 & (3) Magma General Insurance Company Ltd. Vs. Nanu Ram @ Chucru Ram & Ors. in Civil Appeal No.9581/2018 decided on 18.09.2018 .
Learned counsel for the RSRTC in CMA No.2238/2017 has opposed the arguments advanced by learned counsel for the claimants and submitted that the Tribunal has wrongly considered the deceased-Ramotar as a skilled labour and awarded the amount as per prevailing minimum wages. He further submits that there is no evidence on the record that deceased-Ramotar was earning Rs.15,000/- per month. He further submitted that deceased-Ramotar was an un-skilled labour, therefore, Rs.189/per day shall be considered as his income. He also submitted that the Tribunal has wrongly awarded 30% towards future prospects whereas it should be 25%. So, award of the Tribunal may be modified accordingly.
I have considered the arguments advanced by learned counsel for the parties.
It is an admitted position that there was no evidence before the Tribunal that deceased-Ramotar was earning Rs.15,000/- per month from Halvai work. So, in my considered opinion, the Tribunal has rightly considered the income of the deceased-
[CMA-2616/2017]
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Ramotar on the basis of minimum wages for skilled labour i.e. Rs.209 per day but the Tribunal awarded the compensation for 26 days whereas it should be 30 days. The Tribunal wrongly awarded 30% future prospects whereas it should be 25%. The Tribunal has also awarded Rs.40,000/- towards the love and affection whereas it should be Rs.1,40,000/- as a lump sum. So, in my considered opinion, award of the Tribunal needs to be modified accordingly.
| Annual income | Rs.209 X 30X12X13 = Rs.9,78,120/- |
|---|---|
| 1/5 income to be deducted for personal expenses of the deceased (-) |
Rs.9,78,120/- Rs.1,95,624/- =Rs. 7,82,496/- |
| 25% towards future prospects(+) |
Rs. 7,82,496+Rs. 1,95,624= Rs.9,78,120/- |
| Medical Bills(+) | Rs.55068/- |
| Loss of Love and Affection & Conventional Head(+) |
Rs. 1,40,000/- |
| Total | Rs.10,48,120+Rs.55,068+Rs. 1,40,000= 11,73,188/- |
| Amount of compensation receivable bythe claimants |
Rs. 11,73,188/- |
| Awarded amount by the Tribunal | Rs.9,86,780/- |
| Enhanced Amount | Rs. 11,73,188-Rs.9,86,780= Rs.1,86,408/- |
Accordingly, the civil miscellaneous appeal No.2616/2017 filed by the claimants as well as the Civil Miscellaneous Appeal No.2238/2017 filed by the RSRTC are partly allowed. The judgment and award dated 24.03.2017 passed by the Tribunal is modified to the extent that the amount of compensation received by the claimants is Rs. 11,73,188/- instead of Rs.9,86,780/-, as
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[CMA-2616/2017]
awarded by the Tribunal. Remaining terms and conditions of the award shall be the same. The RSRTC shall deposit the enhanced amount of compensation alongwith the interest @7.5% from the date of filing the claim petition till the date of payment with the Tribunal within two months from today.
(NARENDRA SINGH DHADDHA),J
Gourav/40-41
2 issues framed by the court
Whether the Tribunal erred in not considering the deceased's actual earnings and underestimating the period of loss.
Whether the assessment of future prospects, love and affection, and funeral expenses was legally sustainable.
Smt. Mohini Devi W/o Late Ramotar
Vikram S/o Late Ramotar
Jitendra S/o Late Ramotar
Rajasthan State Road Transport Corporation
Narendra Kumar
Pankaj Danodiya
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
