ANITA KUWAR & OTHERS Vs. ANIL AND OTHERS

JUDGEMENT

(1.) The miscellaneous appeal under section 173 of the Motor Vehicles Act, 1988 has been filed challenging the impugned award dated 21.06.2014 passed in claim case No.100/2012 by Motor Accidents Claims Tribunal, Ratlam.

(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: on 14.06.2012 Surendrasingh(deceased) while coming from Ratlam to Bhuvasa on his motorcycle bearing Registration No.MP-13/D.M.-7681 and when he reached near Bajankheda Fata, one Maruti Swift car bearing Registration No.RJ27/CD-4777 driven by respondent No.1 rashly and negligently, dashed Surendrasingh, as a result, he sustained multiple injuries. He was admitted in various hospitals for treatment. During treatment he died on 29.06.2012.

(3.) Learned counsel for the claimants while criticizing the award on the question of income of the deceased @ Rs. 4,500/- per month, contends that it has come in evidence that the deceased used to lookafter his parents, wife, two children and deserted maternal aunt. The family has about 15 Bighas of agricultural land though in the names of father, mother and maternal aunt but, the deceased used to till the land. Besides, six-seven buffaloes out of them 20 to 22 litres of milk used to sell @Rs.30/- per litres. Under such circumstances, the assessment of income by the Tribunal as Rs.4,500/- is patently perverse and de hors the material established record. Learned counsel further submits that assuming that the deceased was neither employed nor self-employed or unskilled person, even then, the minimum salary should be assessed not loss than Rs.200/- per day bearing in mind the view expressed by the Hon'ble Supreme Court in the case of Laxmi Devi and another vs. Mohammad, Tabbar and another, 2008 12 SCC 165, wherein in a case of the year 2004, the income of the unskilled labourer was assessed to be @Rs.3,000/- per month, whereas in the instant case, the deceased was not only harvesting crops over 15 Bighas of agricultural land but was also engaged in the business of selling milk (20 to 22 litres x Rs.30/-) from which, he might be earning Rs.600/- to Rs.700/- per day. Hence, by no stretch of imagination, the income of the deceased could be assessed as Rs.4,500/- per month. In all fairness, the income ought to be assessed as Rs.8,000/- per month.