IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. **
S.B.CIVIL MISC. APPEAL NO.2400/2007
(Smt.Prem Kumari Vs. National Ins. Co.)
Date of Judgment : 07-09-2009
HON’BLE MR.JUSTICE GUMAN SINGH
Mr.D.K.Garg,for the appellants.
Mr.Ashok Mehta, for the respondents.
With the consent of the parties, this appeal is being heard and finally disposed of at the admission stage.
2. Heard learned counsel for the parties.
3. This appeal has been preferred on behalf of appellant-dependents of deceased Surendra Kumar for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Dholpur vide judgment dated 19.2.2007 whereby a sum of Rs.1,87,000/- was awarded by way of compensation for the death of deceased in the accident.
4. The only challenge in the appeal pertains to quantum of compensation only.
5. Learned counsel for the appellant submits that as per Ex.45, deceased was found to be running a Halwai shop and shop was registered under the Shop & Establishment Act. To that effect said document has been filed. It is also submitted that the learned Tribunal has assessed the income of deceased to be Rs.2500/- per month which deserves to be enhanced. It is further submitted that widow has not been awarded any amount for loss of consortium and that dependents of deceased have also not been awarded compensation for loss of love and affection, which too deserves to be awarded.
6. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference.
7. On hearing rival contentions, and going through the award as also record of the case, it is revealed that deceased was Halwai by profession which stands proved by EX.45, issued by the Department of the State as the shop was registered under the Shop and Establishment Act for the purpose of Halwai shop and thus earnign of deceased appears to be on lower side, and deserves to be fixed at Rs.3000/- per month. Likewise, the widow has not been awarded any amount for consortium nor other dependents have been awarded compensation for loss of love and affection, therefore, they deserve to be awarded compensation amounting to Rs.10,000/- for loss of consortium and Rs.5000/- each to four dependents of deceased. The amount deserves to be computed by adopting multiplier of 11 as per guidelines of Hon’ble Supreme Court in Sarla Verma and anr. Vs. DTC and ors.-2009(6) SCC,121, as under:
Rs.3000-(minus)1/3rd (as against own expenses)=Rs.2000x12x11(multiplier)=Rs.2,64,000-(minus)Rs.1,60,000/-(already awarded)= Rs.1,04,000/- +Rs.10,000(loss of consortium)+Rs.20,000/-(loss of love and affection)=Rs.1,34,000/-(to be additionally awarded)
8. Accordingly, appeal of the appellants is partly allowed and the Award passed by the learned Tribunal is modified to the extent that the appellants shall get a sum of Rs.1,34,000/- by way of additional enhanced compensation from the date of appeal i.e. 18.4.2007, with 6% interest to be paid within three months. Thereafter interest shall be paid @9% per annum. The rest of the terms of award shall remain unchanged. Record be sent forthwith.
(GUMAN SINGH),J.
Sandeep/-
item no.69