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Vimala Devi and ors. Vs. Hanuman Sahay and ors.

Vimala Devi and ors. vs Hanuman Sahay and ors.

Type Court Judgment Court Rajasthan Decided Jan 27, 2005
~2 min read
https://sooperkanoon.com/case/771221

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Citation
Court
Rajasthan High Court
Judge
Decided On
Subject
Insurance;Motor Vehicles

Case Summary

AI-generated summary - not the official court judgment text.

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Key legal issue
Insurance;Motor Vehicles

Parties & Advocates

Appellant / Petitioner

Vimala Devi and ors.

Respondent

Hanuman Sahay and ors.

Legal References

Reported In
II(2005)ACC494

Excerpt

- dalip singh, j.1. this is a claimants appeal for enhancement of the award passed by the learned motor accident claims tribunal, kotputali dated 4.3.2004 on an application filed by the appellants for compensation on account of the death of one laxman who died in a motor accident on 26.1.2002 while working as a cleaner on a truck which met with an accident on the said date.2. the learned counsel appearing for the appellants submits that the award passed by the learned tribunal for rs. 3,37,000/- is insufficient and, as such, has prayed for enhancement of the award. learned counsel further submits that there was evidence led by the claimants-appellants that deceased while working as cleaner on the truck was being paid salary of rs. 3,000/- per month with rs. 50/- per day as allowances and the learned tribunal has disbelieved the said evidence and has unilaterally arrived at the finding that the income of the deceased was rs. 1,800/-per month.3. i have considered the submissions made by the learned counsel appearing for the appellants. while it may be correct that claimants have led evidence to the effect that deceased was getting a salary of rs. 3,000/- per month with rs. 50/- per day as allowances, but from the perusal of the award, it does not appear that the amount of rs. 3,37,000/- awarded by way of compensation is in any way inadequate. the learned tribunal has taken a reasonable figure of rs. 1,800/- per month as salary for a cleaner of a track which cannot be said to be arbitrary. in this view of the matter, the assessment of damages on the basis of 1/3rd deduction for personal expenses and leaving an amount of rs. 1,200/- per month towards the family with multiplier of 18 cannot be said to be in any way unjustified.4. in the facts and circumstances of this case, i find no reason to interfere with the order of learned tribunal. consequently, this appeal is hereby dismissed summarily.

Full Judgment

Dalip Singh, J.

1. This is a claimants appeal for enhancement of the award passed by the learned Motor Accident Claims Tribunal, Kotputali dated 4.3.2004 on an application filed by the appellants for compensation on account of the death of one Laxman who died in a motor accident on 26.1.2002 while working as a cleaner on a truck which met with an accident on the said date.

2. The learned Counsel appearing for the appellants submits that the award passed by the learned Tribunal for Rs. 3,37,000/- is insufficient and, as such, has prayed for enhancement of the award. Learned Counsel further submits that there was evidence led by the claimants-appellants that deceased while working as cleaner on the truck was being paid salary of Rs. 3,000/- per month with Rs. 50/- per day as allowances and the learned Tribunal has disbelieved the said evidence and has unilaterally arrived at the finding that the income of the deceased was Rs. 1,800/-per month.

3. I have considered the submissions made by the learned Counsel appearing for the appellants. While it may be correct that claimants have led evidence to the effect that deceased was getting a salary of Rs. 3,000/- per month with Rs. 50/- per day as allowances, but from the perusal of the award, it does not appear that the amount of Rs. 3,37,000/- awarded by way of compensation is in any way inadequate. The learned Tribunal has taken a reasonable figure of Rs. 1,800/- per month as salary for a cleaner of a track which cannot be said to be arbitrary. In this view of the matter, the assessment of damages on the basis of 1/3rd deduction for personal expenses and leaving an amount of Rs. 1,200/- per month towards the family with multiplier of 18 cannot be said to be in any way unjustified.

4. In the facts and circumstances of this case, I find no reason to interfere with the order of learned Tribunal. Consequently, this appeal is hereby dismissed summarily.

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