Kailash Bai And Ors vs Riyajuddin And Ors

This appeal has been filed by the claimants for enhancement of compensation against the judgment and award dated 29.01.2018 passed by the Motor Accident Claims Tribunal No.1, Kota (for short 'the Tribunal'), whereby, the tribunal awarded a sum of Rs.8,32,795/- as compensation along with interest @ 6% per annum.

Learned counsel for the appellant has submitted that the tribunal committed an error in awarding lesser compensation. The tribunal erred in not assessing the income of the deceased as Rs.15,000/- per month.

I have considered the submissions made by the learned counsel for the appellants and have perused the material available on record.

The claim-petition was filed by the appellants praying for compensation on account of death of Ramdayal Malav in a motor vehicle accident which occurred on 12.11.2010. It was the case of the appellants that the deceased was earning Rs.15,000/ per month. But to prove the income of the deceased as Rs.15,000/- per month, no cogent, reliable and documentary evidence was produced by the appellants. Thus, the tribunal rightly assessed the income of the deceased as Rs.6,700/- per month on the basis of material available on record, more particularly on the basis of Ex.40. As the deceased was aged about 52 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 15% was added towards future prospect of the deceased, which comes to Rs.1,005/-. Thus, the income of the deceased comes to Rs.7,705/- (6,700+1,005).

Keeping in view the number of dependents, the tribunal rightly deducted one fourth of the said income towards personal expenses of the deceased. As the deceased was aged about 52 years at the time of accident, therefore, multiplier of 11 was rightly applied by the tribunal. In this way, the amount of compensation comes to Rs.7,62,795/- (7,705x3/4x12x11]. The tribunal further awarded a sum of Rs.70,000/- towards conventional heads. Thus, the total amount of compensation awarded by the tribunal comes to Rs.7,62,795+70,000 =8,32,795/-, which is just and reasonable and the same does not call for any interference by this Court.

Consequently, the appeal fails and is accordingly dismissed.