2001 Supreme(Raj) 976
High Court Of Rajasthan
Judgename : J.C.VERMA
DEEP SINGH - Appellant
Versus
NAVRATAN - Respondent
S. B. C. M. 84 Of 1997
Decided On : 09/11/2001
J.P.Gupta, K.N.TIVARI, Praveen Tyagi
Even unmarried or unskilled deceased individuals should not be awarded compensation less than Rs. 1,50,000 in motor accident cases.
Headnote:
Compensation - Motor Accidents - Enhancement of Compensation
Fact of the Case:
The appeal was filed for enhancement of compensation after the deceased, a 23-year-old unmarried individual, died in a motor accident. The Tribunal had initially awarded Rs. 81,600 as compensation.
Finding of the Court:
The court, after considering the submissions and previous judgments, enhanced the compensation to Rs. 1,50,000 with the same rate of interest as awarded by the Tribunal, to be paid within three months.
Issues: The main issue was the enhancement of compensation for the deceased in a motor accident case.
Ratio Decidendi: The court relied on previous judgments to establish that even unmarried or unskilled deceased individuals should not be awarded compensation less than Rs. 1,50,000.
Final Decision: The court allowed the appeal and enhanced the compensation to Rs. 1,50,000.
VERMA, J.
( 1 ) THIS appeal has been filed by the appellants against the award dated 9. 10. 1996 passed by the Motor Accidents claims Tribunal, Jaipur City, Jaipur, for enhancement of their compensation.
( 2 ) IN this case, the deceased was of the age of 23 years and he was unmarried. He had died in an accident taken place on 9. 7. 93 when he was hit by truck No. RSO 4409. The claim application was filed by the parents of the deceased. The Tribunal had awarded an amount of Rs. 81,600 as compensation and the appeal being for enhancement there is hardly any necessity to go into other aspects of the matter in regard to the negligence.
( 3 ) THE present appeal relates to the enhancement of the amount. Learned counsel for the appellants has placed reliance on the decision of the Honble Supreme Court rendered in the case of Shanti Devi v. Amar Singh, 1998 ACJ 848 (SC) and also on the case of Hanuman Sant v. Madan lal, 1998 ACJ 918 (Rajasthan), wherein it was held that even the unmarried deceased or unskilled worker could not have been given the amount of compensation less than Rs. 1,50,000. The learned counsel has also placed reliance on the judgment passed by this court in the case of Shyam Lal v. Rajendra Kumar, 2001 ACJ 215 (Rajasthan), wherein it was held that for the death of 20 years young man compensation amount was awarded as Rs. 1,50,000.
( 4 ) AFTER hearing the learned counsel for the parties and after going through the impugned award, I fully agree with the submission made by the learned counsel for the appellants, I enhance the amount of compensation to Rs. 1,50,000 with the same rate of interest as has been awarded by the Tribunal, from the date of filing of the claim application. The amount shall be paid within three months.
( 5 ) WITH the above said observations, the misc. appeal is disposed of. Appeal allowed. .