KIRAN Vs. NOMAN ALI

JUDGEMENT

(1.) This appeal assails the legality of award dtd. 10/11/2016 passed in Claim Case No. 37/2016 whereby an amount of Rs.8,85,000.00 has been awarded in favour of the survivors of the deceased Pramod Rajoriya.

(2.) Case of the claimant in nutshell is that on 12/11/2015 at about 11 pm deceased was going on a motorcycle No. M.P.09/Q.L. 9209 with his friend Pramod Sahu and Golu @ Amit from Indore to Neemuch. When he reached near Dalouda Pragati Chourah, the place of incident, his motorcycle was hit by another motorcycle No. M.P. 14/M.Q. 1985 driven rashly and negligently resulting in the accident wherein deceased suffered grievous injuries and died on the spot. Thereafter, survivors of the deceased have filed claim petition claiming Rs.47,00,000.00 as compensation amount.

(3.) Learned counsel for the appellants submits that deceased was a person skilled in cushion work and taking contracts of cushion work from all over the country and thereby he was earning Rs.25,000.00 per month. To buttress his submission, he further submits that he has two daughters, who are claimants in the case, were studying in Neemuch Eminent School where for both the children, he was paying Rs.60,000.00 per year as school fee. To prove this, documents Ex. P/20 to P/25 has been filed. He further submits that he has taken one shop on rent and was paying rent of Rs.3000.00 per month. For this, he has invited attention of this Court towards Ex.P/17 & P/18. He assessed the finding of the Claims Tribunal wherein only Rs.6000.00 has been taken as his income. Even otherwise he submits that as per prevailing Circular issued under Minimum Wages Act on the date of the accident i.e. 12/11/2015, income of skilled labourer was Rs.8800.00. On this count, learned counsel prays for taking appropriate income for computing the award amount. He further submits that looking to the age of the deceased 36 years, 40% of income should have been added in the head of future prospects. All the three survivors should have been awarded at least Rs.1,20,000.00 (Rs.40,000.00 x 3) in the head of loss of consortium and Rs.15,000.00 each in the head of funeral expenses and loss of estate should have been awarded. On these submissions, learned counsel prays for enhancement of the award amount by allowing this appeal.