Chandgi Ram And Ors vs Sukhveer Singh And Ors

Heard learned counsel for the parties and perused the record.

Misc. Appeal No.660/2000 has been preferred by the owner for saddling liability whereas Misc. Appeal No.162/2000 has been preferred by the claimants for enhancement of compensation. The prayers made in both the appeals read as under:

CMA No.660/2000

"It is, therefore, most respectfully prayed that this Misc. Appeal may kindly be allowed and the impugned judgment and award dated 22.11.99 may kindly be quashed and set aside.

Any other order favourable to the appellants may kindly also be passed."

CMA No.162/2000:

"It is, therefore, humbly prayed that this appeal may kindly be allowed and the amount of compensation assessed and awarded may kindly be enhanced to the extent of amount claimed with interest at the rate 18% per annum from the date of application till realisation with costs throughout.

Any other relief, which this Hon'ble Court deems fit and proper in the facts and circumstances of the appeal, may kindly be passed."

Brief facts of the case as noticed by this Court are that the accident in question, that led to filing of both these appeals, happened on 09.02.1997 when deceased Balwant Singh, who was participating in the Village Level Sports Competition was returning back in Jeep bearing registration No.DL 1 CC 5229 from Rajgarh. The said Jeep collided with another Jeep, which was without number. Deceased Balwant Singh died in the said accident.

The owner of Jeep DL 1 CC 5229 i.e. Chandgi Ram preferred appeal No. 660/2000 on the ground that the Jeep coming from the front was 100% responsible for the accident and there was no negligence on the part of the appellant/owner's Jeep in the so called accident.

Learned counsel for the appellant-owner submits that the deceased was a 17 years old boy and thus, there is no question of any dependency of family members upon him.

Learned counsel for the claimants submits that their appeal is for enhancement of compensation, so as per the guidelines for settlement in MACT cases, as issued by Rajasthan State Legal Services Authority dated 05.11.2018, in cases of non-earning child/youth (above 15 years to 21 years) compensation to be assessed on the basis of Notional Income Rs.30,000/- per annum and the calculation for the same is as follows:

Age of deceased

17 years

Multiplier

18

Future prospects

40%

Personal Expenses Deduction

½

Notional Income Per Annum

Rs.30,000/-

After adding future prospects (30,000+40% of 30,000)

Rs.42,000/-

After deducting personal expenses (½ of 42,000)

Rs.21,000/-

After applying multiplier (21,000x18)

Rs.3,78,000/-

Other conventional heads

Rs.30,000/-

Total Compensation

Rs.4,08,000/-

Already awarded

Rs.71,000/-

Enhanced amount

Rs.3,37,000/-

After hearing learned counsel for the parties and perusing the record of the case, this Court finds that the findings of composite negligence is in accordance with law and the impugned order does not call for any interference on merits.

However, this Court while accepting the calculation of the compensation as per the guidelines for settlement in MACT cases, as issued by Rajasthan State Legal Services Authority, deems it appropriate to enhance the award by Rs.3,37,000/-which shall be payable along with interest @ 6% per annum from the date of filing of claim petition till actual payment is made. The enhanced amount is to be paid within two months from today, failing which the same shall carry interest @ 9% per annum for the subsequent period (i.e. after two months from today) till actual payment is made.

In view of the above, both the appeals are accordingly disposed of. All pending applications also stand disposed of.