The court modified the compensation amount based on a reassessment of the deceased's income and appropriate application of multipliers, emphasizing the need for cogent evidence in claims.

JUDGMENT :

Narendra Singh Dhaddha, J.

1. The instant appeals have arisen out of the judgment and award dated 15.10.2019 passed by the Motor Accident Claims Tribunal, Upper District & Sessions Judge No. 1, Kekri, District Ajmer (for short 'the Tribunal') in Claim Case No. 36/2018, titled as "Smt. Kanta & Ors. v. Sh. Sawai Singh & Anr.", whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs. 11, 54, 968/- along with interest @6 % per annum from the date of filing of the claim petition as compensation in favour of the claimants-appellants (for short 'the claimants').

2. CMA No. 103/2020 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal whereas CMA No. 1664/2020 has been filed by the Rajasthan State Road Transport Corporation (for short 'the RSRTC') challenging the judgment & award passed by the Tribunal on the various grounds.

3. CMA No. 103/2020-Learned counsel for the claimants submits that the Tribunal has wrongly considered the income of the deceased-Shivraj as Rs. 5, 382/- per month. Learned counsel for the claimants further submits that the deceased was earning Rs. 12, 000/- per month while working as a tractor driver. So, income of the deceased be considered as Rs. 12, 000/- per month. Learned counsel for the claimants further submits that the Tribunal wrongly calculated the income of deceased for 26 days, whereas, it should be for 30 days. Learned counsel for the claimants also submits the Tribunal has wrongly awarded a lump sum amount of Rs. 70, 000/- towards loss of spouse consortium and funeral expenses, whereas it should be Rs. 40, 000/- towards loss of love and affection & loss of consortium to each claimant, Rs. 15, 000/- towards funeral expenses and Rs. 15, 000/- towards loss of estate. So, judgment passed by the Tribunal may be modified accordingly.

4. Learned counsel for the RSRTC in CMA No. 1664/2020 has opposed the arguments advanced by learned counsel for the claimants and submitted that the Tribunal has wrongly awarded the amount of compensation in favour of the claimants. Learned counsel for the RSRTC further submits that the accident occurred on 24.04.2017 but the FIR was lodged on 25.04.2017 with a delay of one day by Om Prakash, who is cousion brother of deceased but he did not appear in the witness box to adduce any evidence in this regard. Learned counsel for the RSRTC also submits that the Tribunal has wrongly came to the conclusion that the charge-sheet was filed against Sawai Singh, driver of the offending Bus. Learned counsel for the RSRTC also submits that the accident took place due to negligence of the deceased. Learned counsel for the RSRTC further submits that the Tribunal has wrongly applied the multiplier of 18, which it is higher side. So, the claim petition filed by the claimants be dismissed.

5. I have considered the arguments advanced by learned counsel for the parties.

6. It is an admitted position that the claimants failed to adduce any cogent evidence that the deceased was earning Rs. 12, 000/- per month. So, in my considered opinion, the Tribunal has rightly assessed the income of the deceased as Rs. 5, 382/- per month as prevalent at the relevant point of time for an unskilled labour but the Tribunal has wrongly considered the income of the deceased for 26 days only, whereas it should be for 30 days. The Tribunal has awarded lump sum amount of Rs. 40, 000/- towards loss of consortium and funeral expenses, whereas it should be Rs. 40, 000/- per claimant towards loss of consortium and love and affection, Rs. 15, 000/- towards funeral expenses and Rs. 15, 000/- towards loss of estate. So, the judgment of the Tribunal is modified to the extent as under: