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Judgment
A.S. Supehia, J
The present appeal is filed by the appellants – original claimants against the judgment and award dated 20.11.2017 passed by the Motor Accident Claims Tribunal (Auxi), District Narmada at Rajpipla in M.A.C.P. No.44 of 2015, whereby the Tribunal has allowed the claim petition and awarded Rs.4,00,000/- towards the compensation to the claimants.
The appellants had filed Motor Accident Claim Petition No.44 of 2015 before the Motor Accident Claim Tribunal (Auxi), District Narmada at Rajpipla, under Section 166 of the Motor Vehicle Act, 1988, claiming the compensation of Rs.20,00,000/-.
Learned advocate Mr.Hakim, has submitted that the Tribunal has erred in fixing the income of the claimants Rs.3000/- p.m. only, since the claimant was a skilled labourer doing plaster work and as per the norms of the wages fixed by the State of Gujarat under the Wages Act, 1948, the income is to be assessed at Rs.6,000/-. It is submitted that the aforesaid income pertains to the period from 01.04.2014 to 30.09.2014, however the appellant is ready and willing to accept such income though the accident has occurred on 05.01.2015. Accordingly, he has submitted that the loss of dependency benefit as well as conventional amount is required to be enhanced. It is submitted that there are two dependents of the appellant claimants and deducting 20% from the compensation, as per the purshis given by the original respondent No.3, the amount is accordingly required to be enhanced to approximately Rs.5,60,000/-. Learned advocate Mr.Hakim, has submitted that the claimant was aged about 53 years at the time of the accident and looking to the income, as prescribed under the Minimum Wages Act, 1948 by the State Government, the compensation is required to be enhanced.
Per contra, learned advocate Mr.Dholakia, has opposed filing of the present appeal and has submitted that the judgment and award passed by the Tribunal may not be interfered with, as the same is appropriately passed since no evidence with regard to the income was produced by the claimants before the Tribunal. The only issue which requires to be examined by this Court is with regard to the assessment of the income of the claimants at Rs.3,000/- which has been fixed by the Tribunal and also the award of compensation amount under the loss of consortium. It is established proposition of law that in absence of any evidence with regard to the income of skilled or unskilled labourer, the wages fixed under the Minimum Wages Act, is required to be considered.
I have heard the learned advocates for the respective parties. The evidence which has been considered by the Tribunal is also perused.
Looking to the accident, which has occurred in the year 2015 and as per the submissions advanced by the learned advocate Mr.Hakim, appearing for the appellants the minimum wages, which is fixed by the State Government for the period from 01.04.2014 to 13.09.2014 for the skilled and unskilled labourers like the claimants, who are skilled persons was fixed at Rs.6,100/-. Looking to the facts of the case, wages or income of the claimants is fixed at Rs.6,000/- per month. Accordingly, looking to the age of the claimant of 53 years at the time of accident, multiplier by 11 is adopted and hence, the claim is required to be enhanced. The conventional amount of loss of consortium of Rs.40,000/- is also required to be altered and enhanced to Rs.80,000/-, since there are two claimants.
The compensation which would be just and proper, looking to the facts of this case is determined as under : -
S.No.
Particulars
Amount
1
Actual income
Rs.6,000/- p.m.
2
Future Prospective (Rs.6000/- X10%)
Rs.600/- p.m.
3
Deduction of amount spent by deceased on himself (Rs.6600/- X 1/3rd)
Rs.2,200/-
4
Dependency benefit
Rs.4400 X12 = Rs.52,800/-
5
Multiplier
11
6
Loss of dependency benefit
Rs.5,80,800/-
7
Conventional amount for loss to estate
Rs.15,000/-
Conventional amount for loss of Consortium
Rs.40,000 X 2 = Rs.80,000/
8
Funeral Expenses
Rs.15000/-
Total Compensation
Rs.6,90,800/-
Deduction 20% (Rs.6,90,800- Rs.1,38,160)
Rs.5,52,640/-
Awarded amount by the Tribunal
Rs.3,20,000/-
Additional amount
Rs.2,32,640/- @ 6% interest
Thus, the total compensation is fixed to Rs.6,90,800/-, 20% amount is required to be deduced as per the purshis with regard to liability of respondent No.3 and hence, the amount which came to be Rs.5,52,640/-, the Tribunal has awarded an amount of Rs.3,20,000/- which is required to be deducted from the compensation arrived at by this Court. Thus, the appellant would be entitled to an additional amount of Rs.2,32,640 /-with 6% interest from the date of filing of the claim petition till the realization of the amount. Accordingly, the impugned judgment and award passed by the Tribunal is modified to the aforesaid extent. The additional amount along with the interest shall be deposited before the Tribunal within a period of 30 days, which shall be disbursed to the claimants after due verification.
In view of the above, the First Appeal is partly allowed. Record and proceedings shall be returned to the concerned Tribunal forthwith.