Vineet Kothari, J. - (1.) BOTH these misc. appeals filed by the appellants/claimant are being disposed of by this common order. In the present misc. appeals, service upon the first respondent/driver was dispensed with vide order dated 04.04.2003.
(2.) THE appellants/claimants laid a claim before the learned Motor Accident Claims Tribunal, Jodhpur, claiming compensation of Rs. 24,22,000/ - and Rs. 23,62,000/ - respectively on account of death of Sh. Hukmaram (CMA No. 734/2000) and Sh. Mooldan Charan (CMA No. 733/2000), who lost their life in an accident which took place 06.02.1997. In the claim petition, it was asserted by the claimants that at about 10.15 PM while Hukma Ram and Mooldan, who both were teachers in Govt. School, were proceeding on a motorcycle (CHI -6669) from Jodhpur to Dangiyawas, which owned by deceased Sh. Hukma Ram. While they reached in front of Suncity Automobiles Petrol Pump, a Truck (RJ -14 -G -1878) which was plied by its driver (first respondent) and was insured with the third respondent, United India Insurance Company Ltd. at the relevant point of time, in rash and negligent manner, hit the motorcycle and its riders with a violent force. On account of said accident both the deceased persons sustained severe injuries and succumbed to the injuries instantaneously. An FIR to the said accident was also lodged at Police Station - Dangiyawas and in which the police filed Challan against the first respondent (driver) for the offence under Section 279 and 304A of IPC. The only point pressed before this Court is about the effect of judgment of Hon'ble Apex Court in the case of Sarla Verma (Smt.) & Ors. Vs. Delhi Transport Corporation & Anr. reported in : (2009) 6 SCC 121 regarding the issue of grant of future prospects in the increase in salary income of the deceased since the deceased was in Government service.
(3.) THE learned Judge, Motor Accident Clams Tribunal -I, Jodhpur, vide its judgment and award dated 08.06.2000 while deciding the Claim Petition No. 331/1997, Smt. Sarla & Ors. Vs. Ramesh Chandra & Ors. and Claim Petition No. 330/1997 - Smt. Girija Kanwar & Ors. Vs. Ramesh Chandra & Ors., has not granted any compensation towards the future prospects on account of increase in the salary income of the deceased. The learned Tribunal after considering the evidence of the parties awarded compensation of Rs. 5,02,000/ - to the claimants/appellants in each claim petition along -with interest @ 12% per annum. The judgment in the case of Sarla Verma (supra) was rendered by the Hon'ble Apex Court on 15.04.2009 was not obviously available before the learned Tribunal. The thumb rule about the award of future prospects of increase in the salary income is given in para 24 of the aforesaid judgment, which is quoted herein below for ready reference: - "24. ..... In view of imponderables and uncertainties, we are in favour of adopting as a rule of thumb, an addition of 50% of actual salary to the actual salary income of the deceased towards future prospects, where the deceased had a permanent job and was below 40 years. (Where the annual income is in the taxable range, the words "actual salary" should be read as "actual salary less tax"). The addition should be only 30% if the age of the deceased was 40 to 50 years. There should be no addition, where the age of the deceased is more than 50 years. Though the evidence may indicate a different percentage of increase, it is necessary to standardise the addition to avoid different yardsticks being applied or different methods of calculation being adopted. Where the deceased was self -employed or was on a fixed salary (without provision for annual increments, etc.), the courts will usually take only the actual income at the time of death. A departure therefrom should be made only in rare and exceptional cases involving special circumstances.";