The court upheld the compensation awards, affirming the Tribunal's assessment relying on credible evidence of employment and income despite pandemic-related irregularities.

JUDGMENT :

REKHA BORANA, J.

1. The present misc. appeals have been preferred by the appellant Insurance Company against the impugned judgment and award dated 14.10.2024 passed by the Motor Accident Claims Tribunal (Labour Court) Sriganganagar in MACT Case Nos.65/2022, 66/2022 & 67/2022, whereby the learned Tribunal partly allowed the claim petitions and passed an award in favour of the claimants therein.

2. Brief facts as averred in the claim petitions are that an FIR was lodged by one Chandana Ram Choudhary on 07.11.2021, stating therein that he, alongwith one Prem Singh was travelling from Jaisalmer to Tanot Mata Temple. One Toyota vehicle No.RJ- 31-CV-2474 was moving ahead of them. At about 18 kms from Ramgarh, a camel came running from the right and to avoid collision, driver of the car applied sudden brakes due to which the vehicle overturned. All three females and two males occupying the car suffered serious head injuries. They were rescued out of the car by Chandana Ram, Prem Singh and one passing-by traveller Pramod. Arjita, Anju, Varshika and Vishal, four occupants of the car succumbed to the injuries on the spot and fifth occupant Rinku was admitted in the Government Hospital at Ramgarh who also expired during the treatment. As per the claim petitions, the vehicle was driven by Vishal. FIR No.76/2021 qua the incident was registered at Police Station Ramgarh.

3. The offending vehicle, on the date of the accident, was insured with appellant Insurance Company.

(A) S.B. Civil Misc. Appeal No. 245/2025

(i) The present appeal arises out of Claim Petition No.66/2022, pertaining to death of Anju.

(ii) The learned Tribunal after framing the issues, evaluating the evidence available on record and after hearing counsel for the parties, while assessing the monthly income of the deceased to be Rs.21,500/-, awarded total compensation of Rs.44,96,000/- in favour of the claimants, the breakup of which is as under:

Learned Tribunal also awarded interest @ 7% per annum from the date of filing of the claim petition i.e. 04.05.2022.

(iii) Learned counsel for the appellant-Insurance Company raised following grounds:

(a) The learned Tribunal erroneously computed the income of the deceased as she was unemployed and did not possess a regular income. The entries in the bank statement/passbook reflect an irregular income, and these entries even ceased in mid-2020. Therefore, it could not have been concluded that deceased Anju was employed as a teacher with Prakash Model School, Pillibanga; (b) The learned Tribunal erred in taking into consideration the future prospects of the deceased at the rate of 50% whereas it ought to have been 40%, keeping in view the temporary nature of the employment of the deceased.

(iv) Per contra learned senior counsel appearing for the respondent-claimants submitted that, as the deceased possessed an offer letter for government service, the learned Tribunal ought to have considered the income specified in the offer letter while computing the loss of income. Counsel further contended that the learned Tribunal rightly assessed the rate of future prospects in accordance with the nature of the employment of the deceased.

(v) Heard learned counsels. Perused the Record.

(vi) Rajiv (AW-2), husband of the deceased specifically deposed that his wife had been selected for government service. The fact was clearly established on record that the deceased was selected for the post of Level-2 Teacher in the Rajasthan Primary and Upper Primary School Teacher Direct Recruitment-2018. Vide Office Order dated 18.01.2021 (Exhibit-76), even a School of posting was allotted to her. But then, the final appointment order came to be issued on 26.03.2022, that is, after her unfortunate death.

(vii) But then, no cross-objection/cross-appeal has been filed on behalf of the claimants for enhancement of the compensation.

(viii) A perusal of the record reflects that the bank statement (