IMPORTANT POINT
The main legal point established is the proper assessment of compensation under the Motor Vehicles Act, 1988, and the interpretation of 'loss of consortium' as applicable to each dependent.

JUDGMENT :

1. The present misc. appeal has been filed by the appellants-claimants seeking enhancement of the compensation amount awarded vide Judgment and Award dated 02.02.2023 passed by the Motor Accident Claims Tribunal, Rajsamand, in MACT Case no.183/2022(CIS No. 183/2022).

The learned Tribunal, vide impugned judgment/award dated 02.02.2023 awarded a sum of Rs.13,93,000/- as compensation alongwith interest @6% per annum from the date of filing of claim petition i.e. 23.03.2022.

2. Brief facts of the case are that a claim petition was preferred by the claimants with the submission that on 16.12.2021, Ranjeet Singh, while going from his village towards Godaji village, at about 01:30 PM, was hit by the offending motorcycle bearing registration No.RJ 36-T-1938 coming from Bhim, being owned by respondent no.2. It was submitted that the said vehicle was driven rashly and negligently on wrong side of the road by its driver (respondent No.1). As a result of the said accident, Ranjeet Singh sustained serious injuries and was taken to Bhim for treatment. On his condition having become critical, he was being shifted to private hospital at Ajmer but on the way to Ajmer, he succumbed to injuries. An FIR bearing no. 617/2021 qua the said incident was registered at PS, Bhim.

The offending vehicle, on the date of accident, was insured with respondent No.3 – Insurance Company.

3. The appellants-claimants are wife, daughters and mother of deceased Ranjeet Singh. The claimants claimed compensation to the tune of Rs.1,28,35,000/-. However, the learned Tribunal after framing the issues, evaluating the evidence available on the record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs.7000/-, awarded total compensation of Rs.13,93,000/- in favour of the claimants-appellants, the break-up of which is as under:

Learned Tribunal also awarded interest @ 6% per annum from the date of filing of the claim petition.

4. Averring the compensation to be meagre, the claimants-appellants have preferred the present appeal. Learned counsel for the appellant raised the following grounds: Firstly, a lumpsum amount to the tune of Rs.40,000/- qua loss of consortium has been awarded whereas the same ought to have been granted to each of the dependents to the tune of Rs.44,000/- in terms of the ratio as laid down in National Insurance Company Limited Vs. Pranay Sethi & Ors.; (2017) 16 SCC 680. Secondly, the learned Tribunal has considered the income of the deceased to be Rs.7,000/- per month on basis of minimum wages prevalent at the time of accident whereas the same ought to have been considered on basis of his actual income per month as the deceased was a conductor earning Rs.15,000/- per month, which fact was very well proved on record.

5. Per contra, learned counsel for respondent- insurance company submits that the judgment/award passed by the learned Tribunal is totally in consonance with law and no ground for enhancement of the compensation amount awarded by the Tribunal is made out.

6. Heard learned counsel for the parties and perused the material available on record.

7. On the ground that the learned Tribunal has erred in assessing the income of the deceased to be Rs.7000/- per month as per the minimum wages prevailing at that point of time, this Court is of the opin