Allowed

Shri Narayan v. Shri Keshar Singh

Rajasthan HC17 Oct 2023CMA/650/2002

Case brief

AI extract

What is this about?

This appeal challenges the Motor Accident Claims Tribunal’s award of Rs. 1,25,000 compensation to a laborer's dependents. The High Court held the award insufficient, recalculated income based on minimum wage, added loss of consortium, and enhanced the claimant's compensation by Rs. 68,600 with interest.

What did the court decide?

Modified the Tribunal’s award and granted enhanced compensation of Rs. 68,600 with 6% simple interest from the date of filing.

Shri Narayan Vs Shri Keshar Singh — Motor Accident Claims | Rajasthan HC (2023)

¶1

[2023:RJ-JD:35582]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Misc. Appeal No. 650/2002

Shri Narayan

----Appellant

Versus

Shri Keshar Singh

----Respondent

For Appellant(s)	: Mr. Parikshit Nayak
For Respondent(s)	: Mr. TRS Sodha

¶10

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

¶11

Judgment

¶12

17/10/2023

¶13

The instant civil miscellaneous appeal under Section 173, Motor Vehicles Act is directed against the judgment and award dated 20.03.2002 passed by the learned Motor Accident Claims Tribunal, Banswara (hereinafter referred to as the learned Tribunal) in Claim Case no. 124/1998 whereby the claim application filed by the claimant-appellant under Section 166 of the Motor Vehicles Act (for short hereinafter called; “MV Act”) was allowed in part and compensation to the tune of Rs. 1,25,000/with interest @ 9% per annum was granted.

¶14

Briefly stated, the facts giving rise to the present appeal are that on 15.04.1998, the deceased Raoji who was employed as a labor on Truck bearing no. RJ-03/G-0421, was going from Lalapura to Muliya in the aforementioned truck to unload soil at Muliya. The driver of the truck stopped the truck at Khutadiya and when the deceased Raoji was filling water in the radiator, suddenly

[2023:RJ-JD:35582]

[CMA-650/2002]

(2 of 4)

the truck driver started the truck. The deceased fell down and was crushed under the tyre due to which he suffered injuries and ultimately, died. A claim application was filed by the claimant which was partly allowed by the learned Tribunal and a compensation of Rs. 1,25,000/- was awarded to claimant. Aggrieved by the said award, the claimant has preferred the present appeal.

¶19

Learned counsel for the appellant-claimant submits that the learned Tribunal has grossly erred in awarding a meager compensation of Rs. 1,25,000/-. It is further submitted that the learned Tribunal has failed to consider the evidence available on record. It is submitted that the minimum wage income of unskilled labor is to be calculated at Rs. 1144/-. Thus, the finding of Tribunal in assessing the income of deceased is not correct which has resulted into awarding of low compensation. Lastly, it was prayed that the compensation may be enhanced suitably.

¶20

Learned counsel for the respondent-Insurance Company submits that the judgment and award passed by the learned Tribunal is well reasoned and calls for no interference.

¶21

Heard learned counsel for the parties and perused the material available on record.

¶22

I have gone through the judgment of learned Tribunal. As per the impugned judgment, the loss of dependency to the claimant is assessed at Rs. 600/- per month. Thus, compensation towards loss of dependency after using appropriate multiplier is

(3 of 4)

[CMA-650/2002]

[2023:RJ-JD:35582]

assessed at Rs. 1,15,000/-. Further, Rs. 10,000/- have been awarded towards loss of love and affection. However, no amount under the head of loss of consortium has been granted. Further, the minimum wage has wrongly been assessed by the learned Tribunal. Thus, this Court finds it proper to enhance the amount of compensation.

¶27

The enhanced amount of compensation is as represented in the tabular form below:

¶28

		Total
Annual income of the deceased + (40%) increase in income + 16 multiplier – deduction (one half of the income) (A)	Rs.1144x12+40 %x16-1/2 =Rs. 800x12x16	Rs.1,53,000/-
Loss of consortium (B)		Rs. 40,000/-
Total compensation awardable (C=A+B)		Rs.1,93,600/-
Compensation already awarded (D)		Rs.1,25,000/-
Remaining Amount (E=C-D)		Rs. 68,600/-

¶29

Consequently, the present appeal is allowed. The impugned judgment and award dated 20.03.2002 passed by the learned Tribunal is modified and the appellants claimants are held entitled to enhanced compensation of Rs. 68,600/- at the rate of 6% simple interest from the date of filing of claim petition.

¶30

All the interlocutory applications, as well as the stay application, if any stands disposed accordingly.

¶31

(4 of 4) [CMA-650/2002]

¶32

[2023:RJ-JD:35582]

¶33

No order as to costs.

¶34

(MADAN GOPAL VYAS),J

¶35

11-CPG/-

Shri Narayan v. Shri Keshar Singh

Case brief

What is this about?

What did the court decide?

Shri Narayan v. Shri Keshar Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Amra Ram Vs National Insurance Co. Ltd. and Ors.

Gurpreet Kaur Vs Jaswinder Singh Bedi

Muskan Alias Manisha Vs Mahendra Alias Mayank Kumar Garg

National Insurance Co. Ltd. Vs Mahendra Kumar and Ors.

National Insurance Company Limited Vs Pinki @ Milee and Ors.

National Insurance Company Limited Vs Smt. Gayatri and Ors.