The court recognized factors influencing compensation calculation in motor accidents, specifically income dependency and future prospects.

Order :

REKHA BORANA, J.

1. The present misc. appeal has been preferred by the appellants-claimants seeking enhancement of the compensation amount awarded vide Judgment and Award dated 31.08.2018 passed by Motor Accident Claims Tribunal, Jodhpur Metropolitan in MAC Case No. 210/2014 (2389/2014).

The learned Tribunal, vide impugned judgment/award dated 31.08.2018, awarded a sum of Rs.10,73,968/- (including an interim relief of Rs.50,000/-) in favour of the claimants, alongwith interest @6% per annum from the date of filing of the claim petition.

2. Brief facts as per the claim petition are that on 09.06.2013, Bhera Ram alias Sumer and his brother-in-law Kalu Ram were going from Sangaria to Bambor on motorcycle bearing registration No. RJ-19-AS-1087. At around 7:40 pm, when they reached towards Pal Choraha, Jodhpur, an Alto car bearing registration No. RJ-19-CD-2143, being driven rashly and negligently on wrong side of the road, hit the motorcycle. Both Bhera Ram and Kalu Ram suffered grievous injuries and Bhera Ram succumbed to the injuries. FIR No. 167/13 pertaining to the said accident was lodged at Police Station – Chopasani Housing Board, Jodhpur.

3. The offending vehicle, on the date of the accident, was insured with respondent No. 3 Insurance Company.

4. The appellants-claimants being the wife, minor son and parents of the deceased, claiming themselves to be the dependents of Bhera Ram filed the claim petition. 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.4,980/-, awarded total compensation of Rs.10,73,968/- (including interim relief of Rs.50,000/-) in favour of the appellants-claimants, the breakup of which is as under:

Learned Tribunal also awarded interest @6% per annum from the date of filing of the claim petition i.e. 07.03.2014.

5. Learned counsel for the appellants-claimants raised the following grounds:

i. The learned Tribunal erroneously computed the income of the deceased at the rate of Rs.4,980/- per month based on the minimum wages for an unskilled labour, whereas it was proved on record that the deceased was engaged as a ‘Khandwalia’ (a labourer involved in the work of excavating and breaking stones from a quarry) and earning an income of Rs.15,000/- per month. In support of his submission counsel relied upon the Apex Court judgment in the case of Karamjit Kaur & Ors. vs. Royal Sundram Alliance Insurance Co. and Ors.; Civil Appeal No. 3545 of 2023 (decided on 09.05.2023) wherein it was observed that though the minimum income provided under the notification is statutorily payable, in reality it can be more.

ii. The learned Tribunal erroneously held the father of the deceased not to be a ‘dependant’ whereas it was proved on record that he was paralysed since years and was not earning.

iii. The learned Tribunal while holding the father of the deceased not to be a dependant, erroneously deducted 1/3 of the income qua personal expenses whereas considering the number of dependants i.e. four, it ou