IMPORTANT POINT
The main legal point established in the judgment is the assessment of compensation under the Motor Vehicles Act, 1988, based on proven evidence of income, application of multiplier, and principles for awarding compensation under conventional heads.

JUDGMENT :

1. The present misc. appeal has been filed by the appellants-claimants seeking enhancement of the compensation amount awarded vide judgment dated 01.02.2018 passed by the learned Motor Accident Claims Tribunal, Shahpura, Bhilwara in MAC Case No.75/2013.

The learned Tribunal, vide the impugned judgment/award dated 01.02.2018 awarded a sum of Rs.9,56,284/- as compensation alongwith interest @7.5% per annum from the date of filing of the claim petition i.e. 03.07.2013.

2. Brief facts of the case are that a claim petition was filed by the claimants with the submission that on 14.01.2013, Ranglal and Mukesh were going on a motorcycle bearing registration No.RJ 14-BF-9444 from Amer towards Kunda. At about 08:45 PM, when they reached near fire brigade office, Kunda under the jurisdiction of Police Station Amer, their motorcycle was hit from front by the offending vehicle i.e. Jeep bearing registration No.RJ 14-T-1938, owned by respondent no.2. The said vehicle was driven rashly and negligently on wrong side of the road by its driver/respondent No.3. As a result of the said accident, Ranglal died on the spot. An FIR bearing no. 29/2013 qua the said accident was registered at PS Amer, Jaipur and after investigation, a charge sheet was filed against respondent no.3 Driver.

The offending vehicle, on the date of accident, was insured with respondent No.1 – Insurance Company.

3. The appellants-claimants are father, mother and wife of deceased Ranglal. The claimants claimed compensation to the tune of Rs.37,92,000/-. 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.4576/- (as per the minimum wages of a semi skilled worker) and considering the age of the deceased to be between 26-30 years, awarded total compensation of Rs.9,56,284/- in favour of the claimants-appellants, the break-up of which is as under :

Learned Tribunal also awarded interest @7.5% 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.

5. Learned counsel for the appellants raised the following grounds : firstly, the learned Tribunal erred in assessing the income of the deceased to be Rs.4,576/- per month on basis of minimum wages of a semi-skilled worker/labourer whereas the deceased was working as a sculptor with ‘Modern Marble Art’ and was getting a salary of Rs.15,000/- per month and therefore, the same ought to have been considered by the learned Tribunal. Secondly, the learned Tribunal applied the multiplier of 17 while assessing the age of deceased to be between 26-30 years whereas as per the oral and documentary evidence, the deceased was, at the time of accident, 24 years old and therefore, the multiplier of 18 ought to have been applied in terms of the ratio as laid down in Sarla Verma & Ors. vs. Delhi Transport Corp. & Anr.; 2009 (6) SCC 121. Thirdly, no amount qua the head of ‘loss of estate’ was awarded and further, a meagre amount under the head of ‘loss of consortium’ has been awarded by the learned Tribunal.

In support of his submissions, learned counsel relied upon the following judgments :

i. Tebha Bai and Ors. Vs. R