[2025:RJ-JP:1136] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5556/2016 1. Harphool S/o Harsahai, aged 47 years 2. Smt. Teeja Devi w/o Harphool, aged 44 years 3. Smt. Mali Devi w/o Harsahai, aged 63 years 4. Seema D/o Harphool, aged 21 years 5. Satish S/o Harphool, aged 19 years. All R/o Ward No.15, New Bus Stand, Shahpura, District Jaipur ----Appellant Versus 1. Subhash S/o Gyarsi Lal, R/o Kheda Ki Dhani, Tan Navrangpura, Tehsil Virat Nagar, District Jaipur (Driver & Owner) 2. National Insurance Company Ltd., through Regional Manager, Jeevan Jyoti Building, Ambedkar Circle, Sahakar Bhawan, Jaipur (Insurance Company) ----Respondent For Appellant(s) : Mr. Manoj Seth Mr. Gourav Sharma and Mr. Ram Sharan Sharma For Respondent(s) : Mr. Vimal Yadav for Mr. Rishipal Agarwal HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/01/2025 1. Dissatisfied from award dated 16.07.2016 in Claim Case No.40/2011 passed by learned Motor Accident Claim Tribunal, Shahpura, District Jaipur, instant civil misc. appeal is preferred by appellants-claimants for enhancement in compensation determined by the Tribunal. 2. We are considering this appeal only on question of determination of income as the bone of contention between the counsels is the determination of income. 3. Learned counsel for the appellants relied upon judgment of Hon’ble Supreme Court in cases of Minu Rout & Anr. Vs. Satya [2025:RJ-JP:1136] (2 of 3) [CMA-5556/2016] Pradyumna Mohapatra & Ors., MACD 2013 (SC) 347 and Chandra @ Chanda @ Chandraram & Anr. Vs. Mukesh Kumar Yadav & Ors., Civil Appeal No.6152 of 2021 (order dated 01.10.2021) and submitted that the deceased was holder of a driving license for four wheeler, therefore, his minimum income should be considered at the rate of ₹6,000/- per month but the Tribunal has considered the income as ₹2,600/- per month. He submits that after enhancement of income from ₹2,600/- per month to ₹6,000/- per month, compensation should be recalculated and accordingly the Insurance Company should be directed to make payment of compensation. 4. Aforementioned contentions were opposed by learned counsel appearing for Insurance Company on the ground that just one month before the accident, the deceased had acquired a driving license to drive vehicle in the category of light motor vehicle (LMV) but deceased was not having any experience to drive any commercial vehicle. He submits that the Tribunal after considering the slab of minimum wages has rightly and justifiably determined the compensation and there is no scope of interference. 5. Having considered the submissions and perused the judgments as referred herein above. On perusal of table of minimum wages, (issued by Government of Rajasthan) applicable in year 2010 was ₹2,600/- per month for unskilled, ₹2,782 per month for semiskilled and ₹2,990/2990 per month for skilled labour. 6. Considering above and also the fact that the deceased has acquired driving license one month before the said accident, it is [2025:RJ-JP:1136] (3 of 3) [CMA-5556/2016] appropriate to determine the monthly income of deceased as skilled labour with monthly income of ₹3,000/- per month. 7. Having considered the judgments as referred herein above, there is no evidence with regard to involvement of deceased in operation of commercial vehicle or transport vehicle soon before death, therefore, the claimants are not entitled for determination of income as ₹6,000/- per month and the judgments are not applicable in the facts and circumstances of the present case. 8. In view of aforementioned, the CMA is partly allowed and the compensation is modified as indicated herein above on the basis of monthly income of ₹3,000/- per month i.e. ₹36,000/- per annum. 9. The claimants are entitled for enhance compensation in following manner:- (i) loss of income 3000X12X18 = ₹3,24,000/- 2 (ii) future prospectus = ₹1,62,000/- (iii) other heads = ₹2,06,351/- (As per MACT) __________ ₹6,92,351/- _________ The arrears of award ₹64,800/- shall be payable to claimants. 10. With aforesaid, amended award be issued and accordingly, the Insurance Company is directed to pay arrears of award within a period of three months before the Tribunal from now, failing which it has to pay interest at the rate of 6% per annum. (ASHOK KUMAR JAIN),J Arun/78