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Judgment
Shri Arpit Bhoot, Advocate has appeared in caveat on behalf of the claimants-respondents Nos.1 to 5. In view of the fact that the liability of the appellant Insurance Company to bear the award is not disputed, notice need not be issued to the respondents Nos. 6 & 7, being the driver and owner respectively of the car involved in the accident.
Arguments have been heard for final disposal of the appeal.
Perused the material available on record.
The instant civil misc. appeal is preferred against the judgment-cum-award dated 26.09.2019 passed by learned Motor Accident Claims Tribunal, Suratgarh, District Sriganganagar in Claim Case No.31/2017 (CIS No.31/2017) whereby, the learned Tribunal accepted the claim petition of the claimants and awarded them damages to the tune of Rs.5,87,964/- owing to the death of Shri Rauram in a road accident which took place on 23.09.2016.
Learned counsel for the parties state that the learned Tribunal did not apply the ratio of the Hon'ble Supreme Court decision in the case of National Insurance Company Ltd vs Pranay Sethi & Ors. reported in (2017) 16 SCC 680 properly while calculating the damages awardable to claimants-respondents towards the death of Shri Rauram and thus, the impugned award may be suitably modified. It is an admitted position as available on record that the deceased Rauram was 50 years of age at the time of his death. The respondents-claimants have not challenged the impugned judgment and award.
The income of the deceased considering him to be an unskilled labourer was determined by the Tribunal at Rs.6030/-per month. It is not disputed that the minimum wages of an unskilled labour by applying the relevant notification of the Labour Department, in force at the time of the accident would be Rs.5,226/- per month. Thus, following calculation is arrived at by applying the principles enunciated by Hon'ble the Supreme Court in the case of Pranay Sethi and numerous other judgments governing the determination of damages in the claims filed under the Motor Vehicles Act:
1.
Date of Accident
Minimum Wages
23.09.2016
Rs.5,226/- Per month x 12 = Rs.62,712/- per year
2.
Deduction (½)
Rs.31,356/-
3.
Aged between 50 to 60 years therefore applying multiplier of 13
Rs.31,356 x 13= Rs.4,07,628/-
4.
Future prospects 10%
Rs.40,762/-
5.
Compensation on conventional heads
Rs.70,000/-
Total
Rs.5,18,390/-
As agreed by the counsel for the parties and as the appeal is being disposed of at the stage of admission in the spirit of Lok Adalat, the net amount towards damages awardable to the claimants is quantified at Rs.6,00,000/-. The condition No.6 of the award that the Insurance Company shall not deduct the income tax on the damages is against the law and is thus untenable.
With the above modification and amendment in the impugned judgment-cum-award dated 26.09.2019, the appeal is partly allowed.