The court established that accurate income assessment and consideration of future prospects are crucial in determining compensation in motor accident claims.

JUDGMENT :

Narendra Singh Dhaddha, J.

1. The instant appeals have arisen out of the judgment and award dated 19.06.2018 passed by the Motor Accident Claims Tribunal, Shahpura (for short ‘the Tribunal’) in Claim Case No.252/2011(NCV No.148/2014), whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs.11,09,294/- along with interest @ 9% per annum from the date of filing of the claim petition as compensation in favour of the claimants-respondents (for short ‘the claimants’).

2. CMA No.4762/2018 has been filed by the Insurance Company challenging the judgment & award passed by the Tribunal on the various grounds whereas CMA No.4172/2018 has been filed by the claimants for seeking enhancement of compensation awarded by the Tribunal.

Civil Miscellaneous Appeal No. 4762/2018

3. Learned counsel for the Insurance Company submits that the award of the Tribunal is absolutely illegal, perverse and against the settled principle of law. Learned counsel for the Insurance Company further submits that the Tribunal has committed an error in deciding the issue No. 1 against the Insurance Company. The accident was occurred due to rash and negligent driving of the deceased-Nawal Kishore Yogi and the FIR was lodged after the delay of 17 days. No independent eye-witness was examined to prove the accident. Learned counsel for the Insurance Company further submits that mere filing of the charge sheet is not sufficient to decide issue No. 1 in favour of claimants. Learned counsel for the Insurance Company further submits that the Tribunal has wrongly deducted 1/5th amount from the income of the deceased towards his personal expenses, whereas it should be 1/4rd because the claimant’s father, brothers and sister are not dependent on the deceased. Learned counsel for the Insurance Company further submits that the Tribunal has wrongly awarded Rs. 15,000/- to claimant Nos. 8 to 10 (Rs. 5,000/- each), who were brothers and sister of deceased towards love and affection. So, judgment and award of the Tribunal is required to be modified.

4. Learned counsel for the Insurance Company has placed reliance upon the judgment passed by the Hon’ble Apex Court in the case of Badami Devi & Ors. Vs. Cholamandalam General Insurance Company CO. Ltd. & Ors. in Special Leave to Appeal (C) No. 16262/2018.

Civil Miscellaneous Appeal No. 4172/2018

5. Learned counsel for the claimants submits that the Tribunal has wrongly assessed the income of the deceased as Rs.135/- per day. Learned counsel for the claimants further submits that the deceased was working on the shop of betel, juice and tea and earning Rs. 10,000/- per month. Alternatively, learned counsel for the claimants further submits that the Tribunal has wrongly considered the income of the deceased for 26 days only, whereas it should be for 30 days. Learned counsel for the claimants further submits that the Tribunal has awarded very meagre amount towards loss of love and affection to claimant Nos. 2 to 10 whereas it should be Rs. 40,000/- to each claimant. So, judgment and award of the Tribunal is require to be modified.

6. Learned counsel for the claimants has placed reliance upon the following judgments-: (1) JFC ERGO General Insurance Co. Ltd. Vs. Mariyam & Ors. in Civil Miscellaneous Appeal Nos. 382 & 446/2021 decided on 22.07.2021; (2) Smt. Kaushnuma Begum and Ors. Vs. The New India Assurance Company Ltd. and Ors. decided on 03.01.2001; (3) Vimla Devi & Ors. Vs. National Insurance Company Ltd. and Ors. in Civil Appeal No. 11042/2018 decided on 16.11.2018; (4) Ravi Vs. Badrinarayan & Ors. in Civil Appeal No. 1926/2011 decided on 18.02.2011 and (5) Saroj and Ors. Vs. Hel Lal and Ors. in Civil Appeal No. (arising our of SLP(C) No. 24891/2009) decided on 07.12.2010.

7. I have considered the arguments advanced by the learned counsel for the Insurance Company as well as the learned counsel for the claimants.

8. It is an admitted position that while allowing the claim petition the Tribunal has elabora