The court established that minimum wage standards are applicable for compensation assessment in personal injury claims when income proof is lacking.

JUDGMENT

1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 (afterwards referred as 'Act of 1988') has been filed by the appellant against the judgment and award dated 14.02.2020 passed by the Motor Accident Claims Tribunal No.1, Jaipur Metro, Jaipur (afterwards referred as 'Tribunal') in MAC Case No.911/2019, whereby, the Tribunal has awarded a sum of Rs. 3,48,000/- as compensation.

2. Brief facts of the case are that on 04.04.2015 the appellant, as a pillion rider, while going on a Motorcycle bearing registration No.RJ14-50M-0021 from Sindhi Camp towards Meer Ji Ka Bagh, at about 02:00 PM when reached opposite Mahendra & Mahendra Showroom at M.I. Road, was hit from back side by a Roadway Bus bearing registration No. RJ26-PA-0417, being driven rashly and negligently by its driver respondent No. 1, as a result of which, the appellant sustained injuries. At the time of accident, respondent Nos.1 and 2 were driver and owner of the Bus, respectively.

3. In pursuance to the said accident, an FIR was lodged at P.S. Vidhayakpuri, Jaipur on 18.04.2015. The police after investigation filed charge-sheet against the respondents.

4. A claim petition to this effect was filed by the appellant for award of compensation. Notices to be claim petition were issued to the respondents, to which, the respondent contested the claim petition by filing written statement and denied the averments contained in the claim petition.

5. Learned Tribunal after hearing the parties, vide judgment & award dated 20.09.2018 while partly allowing the claim petition has awarded a sum of Rs. 1,47,000/- as compensation in favour of the appellant.

6. Against the said award RSRTC filed an appeal being S.B.C.M.A. No.5567/2018 and appellant also filed an appeal being S.B.C.M.A. No.5605/2018 before the High Court.

7. Both the appeals were decided by a common judgment dated 30.10.2019 by the High Court, whereby, the appeal filed by RSRTC was dismissed and the appeal filed by the appellant was disposed of and the matter was remitted to the learned Tribunal to the limited extent for reassessment of the amount of compensation by adopting appropriate multiplier on the basis of permanent disablement and age of proof produced by the injured claimant.

8. Pursuant to the judgment dated 30.10.2019 fresh impugned award has been passed by the learned Tribunal, against which, the present appeal has been filed for enhancement of amount awarded towards loss of earning.

9. Learned counsel appearing for the appellant asserts that the learned Tribunal committed a grave error in construing the income of the appellant claimant as Rs.4,000/- per month, whereas, it is precisely pleaded in the claim petition that the claimant is engaged in tailoring work and earning Rs.5,000/- per month. He further argues that in want of income proof, learned Tribunal ought to have considered the prevalent minimum wages while estimating the income of the appellant but the learned Tribunal arbitrarily reckoned the income of the appellant as Rs.4,000/- per month, whereas, for the unskilled labours, the prevalent rates were Rs.197/- per day and for a month it comes to Rs.5,196/-. Hence, he prays for considering the income of the claimant at Rs.5,196/- per month and computing the future prospects and permanent disability on the above amount accordingly.

10. Per contra, learned counsel appearing for respondent No.2 RSRTC would contend that compensation awarded by the learned Tribunal itself is on the higher side and it does not require any enhancement or escalation, particularly when claimants have failed to prove the income by any convincing evidence.

11. Having heard the learned counsel appearing for the parties and on perusal of judgment and award in question as also evidence tendered by both the parties before the learned Tribunal, I am of the considered view that the following point would arise for consideration:-

"Whether learned Tribunal has rightly assessed the monthly income of claimant as Rs.4,000