The court emphasized adherence to Supreme Court guidelines for calculating compensation, particularly regarding future prospects and conventional heads, leading to a modified award of Rs. 16,67,400.

JUDGEMENT :

(PRAMIL KUMAR MATHUR, J.)

1. The instant civil miscellaneous appeal has been preferred by the appellants-claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) praying enhancement in the award dated 12.05.2016 passed by the Presiding Officer, Motor Accident Claims Tribunal, Beawar, District Ajmer, in claim case No. 33/2015 titled as Smt. Shahnaj and ors. vs. Shri Dola Singh and ors. whereby the learned Tribunal has awarded compensation of Rs. 12,87,947/- in favour of appellants- claimants along with interest @ 6% per annum on account of death of Shri Suresh.

2. As per the averments made in the appeal, on 24.11.2014, the deceased Suresh was travelling on the Motor Cycle along with one Shrawan from Beawar to Ajmer. When they reached near Kharwa Choraha, suddenly a Trailer bearing No. RJ-30-GA-7133 came from wrong side which was being driven rashly and negligently by respondent No.1 and dashed the Motor Cycle as a result of which deceased fell down from the Motor Cycle and due to grievous injuries on various parts of the body, died. Hence, claim petition No.33/2015 was filed before the Tribunal.

3. Notices were served to the respondents. Respondents No.1 and 2 i.e. driver and owner appeared before the learned Tribunal and have filed joint written statement denying the averments made in the claim petition. Respondent No.3-Insurance Company of the offending vehicle appeared and filed the written statement disputing all the averments made in the claim petition.

4. The Tribunal has framed five issues for consideration. Before the Tribunal, the claimants examined AW-1 Shahnaj and AW-2 Shrawan and produced documentary evidence Ex.1 to Ex.33. No oral or documentary evidence has been adduced by the respondents.

5. On the basis of oral and documentary evidence produced by the claimants, the Tribunal held that the claimants are entitled for compensation of Rs.12,87,947/- along with interest @ 6% per annum from the date of filing of the petition till the date of its realization.

6. Being aggrieved and dissatisfied with the impugned judgment and award dated 12.05.2016, the present appeal has been filed by the appellants-claimants.

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

8. Learned counsel for the appellants-claimants submits that deceased Suresh was working as a Mason and was also doing the work of agriculture, the evidence of the appellants-claimants remained uncontroverted even then the learned Tribunal in absence of any counter evidence assessed a meager amount of Rs. 4914/- per month as income of deceased. It is also contended that the learned Tribunal has also erred in not granting future prospects as per the binding precedents of the Hon’ble Supreme Court. Under conventional heads also, the learned Tribunal has not followed the principles enunciated by the Supreme Court, therefore, the appellants-claimants are entitled for enhanced compensation.

9. Per contra, learned counsel appearing for the Insurance Company has submitted that the appellants are 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. The age and multiplier as determined by the learned Tribunal is also unquestioned.

13. The learned Tribunal after elaborately discussing the factual aspects awarded a sum of Rs. 12,02,947/- for loss of income, Rs. 15,000/- for funeral expenses and Rs. 70,000/- for spousal, parental and Filial consortium and arrived at a total compensation of Rs. 12,87,947/- along with interest @ 6% per annum from the date of filin