Sabina, J.- Appellant has filed this appeal, challenging the award passed by the Tribunal dated 13.12.2005.
2. Learned counsel for the appellant has submitted that the Tribunal has erred in taking the income of the deceased as Rs. 7,000/- per month, whereas, at the most the same was liable to be taken as per Ex. 13 Income Tax Return filed by the deceased.
3. Learned counsel for respondents No.l to 3 has opposed the appeal and has submitted that the amount of compensation granted by the Tribunal did not require any reduction. Tribunal has rightly taken the income of the deceased as Rs. 7,000/- per month.
4. Claimants had filed claim petition, under Section 166 of the Motor Vehicles Act, 1988, seeking compensation on account of death of Rishabh Chakrawarti in the motor vehicle accident which had occurred on 23.6.2013. Deceased was aged about 23 years at the time of accident and was unmarried. Claimants had placed reliance on Ex.12 salary certificate to establish the income of the deceased. In order to to prove Ex. 12 claimants had examined P.W.3 Nirmal Kumar. The said witness deposed that he was working as a Cashier with Opal Overseas. The said witness proved Ex.12 salary certificate issued by Opal Overseas with regard to the salary paid to Rishabh Chakrawarti. He also placed on record authorisation letter issued in his favour by Opal Overseas to appear in the court. The statement of the said witness remained unrebutted. Thus, the income of the deceased was liable to be taken as Rs. 6,500/- per month. Since the deceased was unmarried, half of his income was liable to be deducted towards his personal expenses. Since the deceased was 23 years old at the time of accident, appropriate multiplier to work out the dependency of the claimants would be 18. Thus, the compensation amount liable to be paid to the claimants comes to Rs. 3250 x 12 x 18 = Rs. 7,02,000/-. Claimants were also entitled to receive an addition of 40% of the said amount towards future prospects of the deceased. However, the Tribunal has granted compensation, in all, to the tune of Rs. 7,61,000/- to the claimants.
5. In the facts and circumstances of the present case, the amount of compensation granted by the Tribunal, thus, does not require any reduction.
6. Dismissed.
National Insurance Company Limited v. Kishore Kumar Chakarwati
National Insurance Company Limited v. Kishore Kumar Chakarwati
(High Court Of Rajasthan, Jaipur Bench)
Civil Misc. Appeal No. 709 of 2006 | 08-05-2018
Advocate List
- For Petitioner : Shri P.K. Kasliwal, Adv., for the Appellant; Shri N.C. Sharma, Adv., for the Claimants; Shri Anubodh Jain for Shri Alok Garg, Advs., for the Respondent No. 4
Bench
- HON'BLE JUSTICE MRS. SABINA, J.
Eq Citations
- LQ/RajHC/2018/1049
Head Note
Motor Vehicles Act, 1988 — Ss. 166, 168 and 171 — Compensation — Computation of — Deceased was aged about 23 years at the time of accident and was unmarried — Claimants had placed reliance on Ex.12 salary certificate to establish income of deceased — In order to prove Ex.12 claimants had examined P.W.3 Nirmal Kumar — Said witness deposed that he was working as a Cashier with Opal Overseas — Said witness proved Ex.12 salary certificate issued by Opal Overseas with regard to salary paid to Rishabh Chakrawarti — He also placed on record authorisation letter issued in his favour by Opal Overseas to appear in the court — Statement of said witness remained unrebutted — Thus, income of deceased was liable to be taken as Rs. 6,500/- per month — Since deceased was unmarried, half of his income was liable to be deducted towards his personal expenses — Since deceased was 23 years old at the time of accident, appropriate multiplier to work out dependency of claimants would be '18' — Thus, compensation amount liable to be paid to claimants comes to Rs. 3250 x 12 x 18 = Rs. 7,02,000/- — Claimants were also entitled to receive an addition of 40% of said amount towards future prospects of deceased — Held, amount of compensation granted by Tribunal, thus, does not require any reduction.
