Compensation in motor accident claims must reflect actual income based on minimum wages and include future prospects for accurate assessment.

JUDGMENT :

Narendra Singh Dhaddha, J.

1. The instant appeals have arisen out of the judgment and award dated 05.01.2018 passed by the Motor Accident Claims Tribunal (Family Court), Baran (Raj.) (for short ‘the Tribunal’) in Claim Case No.60/2017 titled as “Lekhraj Meena Vs. Ram Singh & Ors.” and in claim case No. 58/2017 titled as “Dhanraj Meena Vs. Ram Singh and Ors.”, whereby the Tribunal while allowing the claim petitions, has awarded a sum of Rs.6,31,000/- along with interest @ 6% per annum from the date of filing the claim petition as compensation in favour of the claimant-Lekhraj Meena and Rs. 6,07,000/- along with interest @ 6 % per annum from the date of filing the claim petition as compensation in favour of the claimant-Dhanraj Meena.

2. Both the appeals have been filed by the claimants seeking enhancement of the amount of compensation.

3. CMA No.1135/2018- Learned counsel for the claimant-Dhanraj Meena submits that the Tribunal has wrongly assessed the income of the claimant as Rs. 5,000/- per month. Learned counsel for the claimant further submits that the claimant adduced evidence that he was earning Rs. 12,000/- per month. Learned counsel for the claimant further submits that at the time of accident, minimum wages for unskilled labour was Rs. 189/- per day. So, income of the claimant be calculated on the basis of minimum wages prevalent at that time. Learned counsel for the claimant further submits that the Tribunal has not awarded any amount towards future prospects. As per age of the claimant, he is entitled to get 40% of his income towards future prospects. So, judgment and award of the Tribunal may be modified accordingly.

4. CMA No.1133/2018- Learned counsel for the claimant-Lekhraj Meena submits that the Tribunal has wrongly considered the income of the claimant as Rs. 5,000/- per month. Learned counsel for the claimant further submits that the at the time of accident, minimum wages of the unskilled labour was Rs. 189/-per day. So, income of the claimant be calculated on the basis of minimum wages prevalent at that time. Learned counsel for the claimant further submits that the Tribunal has not awarded any amount towards future prospects. As per the age of the claimant, he is entitled to get 40% of his income towards future prospects. So, judgment and award of the Tribunal may be modified accordingly.

5. Learned counsel for the respondent-insurance company has opposed the arguments advanced by learned counsel for the claimants and submitted that the Tribunal has rightly considered the income of the claimants and rightly awarded the compensation. So, the appeals filed by the claimants are liable to be dismissed.

6. I have considered the arguments advanced by learned counsel for the claimants as well as the insurance company.

7. It is an admitted position that the claimants failed to adduce cogent evidence regarding earning of Rs. 12,000/- per month but at the time of accident, prevalent minimum wages were Rs.189/-per day. So, income of the claimants be calculated as Rs.189/- per day. The Tribunal has not awarded any amount towards future prospects. As per the age of the claimants, claimants are entitled to get 40% towards future prospects. So, judgment and award of the Tribunal is modified to the extent as under:-

CMA No. 1135/2018