FORANTI Vs. ABDUL GANI

JUDGEMENT

(1.) INSTANT appeal has been filed seeking enhancement of compensation of Rs. 1,56,000 awarded by Motor Accident Claims Tribunal, Sawai Madhopur 'Tribunal') vide award date 27.11.2000 in MACT Case No. 28/2000.

(2.) CLAIMANTS are widow and parents of Ramraj (deceased) aged 30 years, who was going on motor bike from Bajaria to his village Mainpura and when he reached near Bais Godam on Sawai Madhopur Dausa Road, a tata sumo' jeep No. RJ -14/ 2C/9102 being driven rashly and negligently by its driver, met with an accident -as a result of which he died on 17.12.1999. As per claim petition, Ramraj was engaged in profession of agriculture and earning Rs. 5,000 (out of which Rs. 3,00 from agriculture profession and Rs. 2,000 from selling milk) but claimants did not produce any documentary evidence in support of their averments in respect of income of the deceased. However, this fact remained undisputed that he was an agriculturist and having some source of income from agriculture and by selling milk. As per evidence led on record, the Tribunal recorded finding that accident took place because of rash and negligent driving of offending vehicle and the deceased was not negligent in any manner. As regards compensation, the Tribunal took over all view of the matter and after taking note of age of deceased as 30 years, so also of his wife and parents, but without examining and arriving at the conclusion, as to what could be best prudent evidence to support claimants' assertion in respect of the income of deceased and what would be suitable multiplier to be adopted, considered proper to determine compensation of Rs. 1.25 lacs towards loss of income to claimant No. 1 (wife) and also awarded Rs. 10,000 each to father and mother of deceased towards loss of love and affection and Rs. 10,000 towards mental agony and funeral expenses, besides Rs. 1,000 as costs and so also annual interest @ 12% from the date of claim petition till actual payment. Hence this appeal.

(3.) MR . Gupta further contends that the deceased as per post mortem report was 30 years of age and in the statement of Smt. Foranti (A.W. 1) during cross -examination it has come on record that claimants were having five bighas of irrigated land besides having buffaloes and as alleged by claimants in their claim petition, had earning from agriculture and by selling milk, and income from which is also exempted from tax but it can be held that the deceased had no source for livelihood of his family except from agriculture and selling milk. Even otherwise as per minimum wages fixed by State Government under its notification, an unskilled labourer in December, 1999, was paid a sum between Rs. 1,500 -1,800 and once the deceased has additional source of income from other profession/vocation, even by ordinary prudence, it could not be less than Rs. 3,000 per month.