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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Justice Rekha Borana, J
Rekha Kanwar – Appellant
Versus
MOHAN RAM @ BHALLU – Respondent
Judgment :
1. The present misc. appeal has been filed by the appellants- claimants seeking enhancement of the compensation amount awarded vide Judgment and Award dated 17.05.2018 passed by the Motor Accident Claims Tribunal First, Jodhpur in MAC Case No.296/2014 (NCV No.2619/2014).
The learned Tribunal, vide impugned judgment/award dated 17.05.2018 awarded a sum of Rs.11,65,480/- in favour of the claimants alongwith interest @9% from the date of filing of claim petition i.e. 20.11.2014.
2. Learned counsel for the appellants-claimants raised two grounds before this Court, firstly, the learned Tribunal erroneously computed the income of the deceased on basis of minimum wages of a skilled labour at the rate of Rs.5,434/- per month whereas it was proved on record that the deceased was owner of a mini truck and he himself drove the same. Meaning thereby, he was a driver by profession and earned Rs.20,000/- per month.
3. Counsel submitted that although no document to prove the income was exhibited but then, the Registration Certificate of the vehicle in question in the name of deceased was available on record to prove that the deceased was the owner of the said vehicle. He was driving the sa
The court determined that actual income of the deceased as a driver should be considered for compensation, overriding minimum wage assumptions, and affirmed the entitlement of all dependents to loss ....
The court upheld the Tribunal's income assessment based on minimum wages due to lack of evidence for higher claims and awarded enhanced compensation for loss of consortium.
The court recalculated compensation based on the deceased's potential earnings as a Mason, enhancing the total compensation awarded to Rs.11,82,312/- with interest.
The court modified the compensation awarded by the Tribunal, adjusting the deceased's income calculation and loss of consortium to ensure fair compensation.
The court recognized factors influencing compensation calculation in motor accidents, specifically income dependency and future prospects.
The main legal point established is the importance of assessing 'just and fair' compensation under the Motor Vehicles Act, 1988, Section 168, based on income tax returns and legal precedents.
Compensation for loss of income must consider future prospects and dependents, adjusting awarded amounts accordingly under established principles.
The court established that compensation calculations must accurately reflect the deceased's income and the claimants' losses, adhering to statutory guidelines.
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