Compensation for a housewife must reflect her invaluable contribution and adhere to minimum wage standards, with adjustments for disability and future prospects.

JUDGEMENT :

(PRAMIL KUMAR MATHUR, J.)

1. The instant civil miscellaneous appeal has been preferred by the appellant-claimant under Section 173 of the Motor Vehicles Act, 1988 challenging the award dated 20.03.2015 passed by the Presiding Officer, Motor Accident Claims Tribunal, Jaipur in claim case No. 280/2014 (2266/2011) titled as Smt. Mamta Meena vs. Aman Kumar Dharwal and ors. whereby the learned Tribunal has awarded compensation of Rs. 53,592/- in favour of appellant- claimant along with interest @ 6% per annum from the date of application till the date of realisation.

2. Necessary facts of the case are that on 16.09.2011 injured Mamta Meena along with her husband and children were going on motor cycle No.AP-31-AJ-1342 towards their residence at Pratap Nagar. At about 9.00 PM near Bambala bridge, Tonk Road, a Car bearing Registration No. RJ-14-TA-2859 came from backside in rash and negligent manner and hit the motor cycle. Due to the said accident, claimant sustained grievous injuries. Hence claim petition.

3. Notices were served to the respondents. However, on behalf of respondents No. 1 to No.3 no one appeared nor any written statement was filed. Therefore, learned Tribunal proceeded ex parte. Respondent No.4-Insurance Company of the offending vehicle appeared and filed the written statement disputing all the averments made in the claim petition. It is averred that according to the terms of the policy the vehicle owner did not provide information about the accident as per the Rules and at the time of the accident the vehicle Driver was not having a valid and effective driving license to drive the said vehicle. It is further averred that it is necessary to have a valid and effective permit and fitness certificate for the operation of a commercial vehicle, whereas the vehicle was being used without a valid and effective permit and fitness document etc. therefore the petition of the claimant may be dismissed.

4. The Tribunal has framed four issues for consideration. Before the Tribunal, the claimant examined AW.1 Kamlesh Meena and herself as AW.2 and produced documentary evidence Ex.1 to Ex.67. No oral or documentary evidence has been adduced by the respondents.

5. On the basis of oral and documentary evidence produced by the claimant, the Tribunal held that the claimant is entitled for compensation of Rs.53,592/- along with interest @ 6% per annum from the date of filing of the claim petition.

6. Being aggrieved and dissatisfied with the impugned judgment and award dated 20.03.2015, the present appeal has been filed by the appellant-claimant.

7. Heard the rival contentions of learned counsel for the parties and perused the record.

8. Learned counsel for the appellant-claimant submits that though claimant is a housewife but from tutions, she was earning Rs.5,000/- per month. That fact was not controverted by the Insurance Company by leading any evidence, therefore, the learned Tribunal in absence of any counter evidence assessed a meager amount. The learned Tribunal has not followed the principles enunciated by the Supreme Court, therefore, the appellant-claimant is entitled for enhanced compensation.

9. Per contra, learned counsel appearing for the Insurance Company has submitted that the appellant is not entitled for enhancement in compensation since the learned Tribunal after considering all the factual aspects of the matter awarded a just and reasonable compensation.

10. I have given my earnest consideration to the rival contentions of the parties and scanned the matter carefully.

11. The manner in which the accident occurred is not disputed. This appeal has been filed only questioning quantum of compensation, hence there is no need for any discussion on the question of negligence.

12. At the time of accident, age of injured Mamta being 27 years was not disputed.

13. The learned Tribunal after elaborately discussing the factual aspects awarded a sum of Rs. 53,592/- along with interest @ 6% per annum from the date of filing of the cl