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Judgment
This appeal for enhancement of compensation is directed against the judgment and award dated 31.01.2018 passed by the Motor Accident Claims Tribunal No.1, Kota (for short 'the Tribunal'), whereby the tribunal awarded a sum of Rs.6,74,800/- as compensation along with interest @ 6% per annum from the date of filing of the clam petition.
Learned counsel for the appellants has submitted that the tribunal committed an error in awarding lesser compensation.
The tribunal seriously erred in assessing the income of the deceased as Rs.3,000/- instead of Rs.7,000/- per month. There is ample evidence on record which proves that the deceased was earning Rs.7,000/-. The tribunal also erred in not awarding any amount towards future prospects of the deceased and awarded a meager amount towards conventional heads.
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 Hari Singh in a motor vehicle accident which occurred on 03.09.2010. No cogent, reliable and documentary evidence was produced to prove the income of the deceased as Rs.7,000/- per month. Therefore, the tribunal was right in assessing the income of the deceased as Rs.3,000/- per month on the basis of prevalent rate of minimum wages fixed by the State Government at the relevant time. As the deceased was aged about 35 years, 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 40% was added by the tribunal towards future prospects of the deceased, which comes to Rs.1,200/-. Thus, the income of the deceased assessed by the tribunal was Rs.4,200/- (3,000+1,200). Keeping in view of the number of dependents, the tribunal rightly deducted one fourth of the said income towards personal expenses of the deceased.
The deceased was aged about 35 years at the time of accident. Thus, multiplier of 16 would be applied to work the dependency of the claimants. In this way, the dependency of the claimants comes to Rs.6,04,800/- (4,200x3/4x12x16). Further, in view of the judgment of the Hon'ble Apex Court in Pranay Sethi & Ors. (Supra), the tribunal rightly awarded a sum of Rs.70,000/ towards non pecuniary heads. Thus, the total amount of compensation comes to Rs.6,74,800/- (6,04,800+70,000), 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.