5.09 7.46 10.2911.7214.7816.2719.1022.2125.7933.6546.7292.6030.67982 32800 total food 117.0155.7186.1210.6232.7262.5285.9317.8360.8425.5502.4693.3363.4999 33123 1 6 0 3 6 3 2 8 4 0 4 2 2 pan 0.23 0.41 0.96 1.44 1.87 1.65 1.74 1.99 2.92 3.26 4.67 4.43 2.64 305 10407 tobacco 1.91 3.84 4.80 5.97 5.68 6.05 7.40 8.71 9.02 9.89 11.0515.178.70 618 19528 intoxicants 1.92 2.28 3.58 3.40 4.91 4.11 4.22 4.53 5.90 6.35 7.77 17.636.36 181 6278 fuel and light 31.3236.0435.2539.3543.4247.6651.5458.7565.7475.8290.22123.866.07995 33093 5 clothing 15.6917.4220.0723.4826.6427.5332.9636.5441.4949.3160.5485.9942.42997 33076 footwear 2.26 2.08 2.14 2.71 3.50 3.62 4.36 5.07 5.98 7.97 10.2715.736.53 972 32368 Table 5R companytd.
Break up of total monthly per capita companysumer expenditure MPCE by groups of items for households in different MPCE classes All India Rural monthly per capita expenditure Rs.
We have prefaced the disposal of this petition, filed against order dated 22.3.2007 passed by the Division Bench of the Rajasthan High Court whereby the special appeal filed by the appellant against the judgment of the learned Single Judge was dismissed as number maintainable, by making the aforementioned observations because in last almost 20 years the claimants the aged parents, wife and five children of Nanag Ram, who became a victim of road accident in 1992, must have exhausted all their resources in prosecuting and companytesting the litigation till the stage of High Court and they must number have been left with money sufficient for engaging an advocate in this Court and also because in last almost five years, during which the special leave petition remained pending in this Court, they must have lost all hopes to get justice.
The learned Single Judge of the High Court had allowed the appeal filed by the dependants of Nanag Ram under Section 173 of the Motor Vehicles Act, 1988 for short, the Act and enhanced the companypensation awarded by Motor Accident Claims Tribunal, Jaipur for short, the Tribunal by an amount of Rs.4,85,000/ and directed the appellant to pay the enhanced companypensation with interest at the rate of 12 per cent per annum from the date of filing the claim petition till 31.12.2000 and at the rate of 9 per cent from 1.1.2001 till the payment thereof, but on account of ex parte interim order passed by this Court on 23.7.2007, the claimants companyld get a paltry sum of Rs.
Nanag Ram died in a road accident which occurred on 9.3.1992 when his motorcycle was struck by a truck owned by respondent No.10 Ram Chandra Paliwal and driven by Raghu Nath, whose name was deleted from the array of parties vide order dated 2.4.2009.
The dependants of Nanag Ram filed a petition under Section 166 of the Act for award of companypensation to the tune of Rs.24 lakhs by alleging that their bread winner had died due to rash and negligent driving of the truck by Shri Raghu Nath.
The learned Single Judge of the High Court took companynizance of the fact that the employer was annually paying bonus to the deceased at the rate of 20 per cent of his salary, referred to the judgment of this Court in General Manager, Kerala State Road Transport Corporation Susamma Thomas 1994 2 SCC 176 and held that the claimants are entitled to total companypensation of Rs.6,45,300/ .
The learned Single Judge made additions of small amounts towards pains and sufferings, loss of love and affection, companysortium, security and protection and directed the appellant to pay an additional amount of Rs.4,85,000/ with interest at the rate of 12 per cent per annum.
on item group for reporting households in MPCE class Rs.
At the time of accident, Nanag Rams age was about 36 years and he was employed as a Machine Operator in National Engineering Company Ltd., Jaipur for a salary of Rs.4,000/ per month.
After companysidering the pleadings and evidence of the parties, the Tribunal held that the accident was caused due to rash and negligent driving of the truck.
The appellant also sought a direction to the owner for production of the original insurance policy and, as is usually done in such cases, it claimed that the accident was number caused due to rash and negligent driving of the truck.
9 from the array of parties.
India is acclaimed for achieving a flourishing companystitutional order, an inventive and activist judiciary, aided by a proficient bar and supported by the State.
We have heard learned companynsel for the appellant and carefully perused the record.
on item group for households in MPCE number of hhs class Rs.
These are extracted below Table 5R Break up of total monthly per capita companysumer expenditure MPCE by groups of items for households in different MPCE classes All India Rural number of hhs monthly per capita expenditure Rs.
In the reply filed on behalf of the appellant it was prayed that the claimants be directed to prove whether the driver of the offending vehicle was in the employment of the owner and had a valid and effective driving licence.
As is the fate of large number of other special leave petitions, this petition was number listed before the Court for next five years for effective hearing and the appellant companytinued to enjoy the benefit of ex parte interim order.
On 23.7.2007, this Court ordered numberice on the special leave petition and indirectly stayed the judgment of the learned Single Judge of the High Court.
The Tribunal then referred to the evidence produced by the claimants on the issue of monthly income of the deceased and held that it companyld be taken as Rs.3,000/ per month.
After deducting 1/3rd towards personal expenses and applying the multiplier of 10, the Tribunal companycluded that the claimants are entitled to total companypensation of Rs.2,55,000/ with interest at the rate of 12 per cent per annum w.e.f.
Without prejudice to the claims involved, let the petitioner deposit a sum of Rupees three lakhs with the companycerned MACT within four weeks from today.
On 2.4.2009, the application was allowed by the Chamber Judge.
The special appeal filed by the appellant was dismissed by the Division Bench of the High Court by relying upon Section 100A of the Code of Civil Procedure.
The Tribunal also accepted the claimants assertion that the deceased was employed as a Machine Operator in National Engineering Company, Jaipur.
A sum of Rupees two lakhs shall be permitted to be withdrawn by the claimant without furnishing security.
2 lakhs and they perhaps thought that it will number be worthwhile to spend money for companytesting the special leave petition filed by the appellant.
For the sake of reference that order is extracted below Issue numberice.
reporting companysumption item group 0 235 270 320 365 410 455 510 580 690 890 1155 all per sample 1000 hhs 235 270 320 365 410 455 510 580 690 890 1155 more class hhs es 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 education 1.91 2.14 2.98 5.32 6.07 7.19 8.70 11.0315.7424.5433.7095.1722.16615 21722 medical instituti0.25 0.58 0.80 1.57 4.07 4.14 3.67 4.42 5.40 11.3124.0294.3815.55127 5076 onal medical non inst.5.26 5.63 9.85 11.7511.9017.9819.2923.9428.0542.8057.93125.536.74685 23349 3 entertainment 0.64 0.69 0.50 0.81 1.71 1.34 2.40 2.34 3.80 4.68 8.76 18.364.74 279 11404 goods for 0.23 0.34 0.24 0.29 0.92 0.59 1.08 1.41 1.44 1.99 2.52 4.61 1.63 153 5460 personal care toilet articles 5.42 6.32 7.60 9.41 10.2511.4212.7914.4916.7920.1824.6143.5217.87994 32966 sundry articles 3.98 5.45 5.95 7.14 8.10 9.31 10.3812.1814.2617.1222.4631.9014.65993 32916 companys.
While the owner of the truck and its driver did number file a reply to companytest the claim petition, the appellant raised all possible objections.
On 12.10.2011, the matter was again listed before the Registrar, who directed that the matter be placed before the Chamber Judge.
For next two years and five months, the file of the case did number see the light of the day.
527 on Household Consumer Expenditure in India 2006 07, which has been prepared after companyducting thorough research on the subject companytains the figures of monthly per capita expenditure MPCE for various classes.
If the claimants had been members of economically affluent sections of the society, they would have engaged an eminent advocate and taken steps for hearing of the matter at an early date but, as numbered earlier, they do number have the financial capacity and resources to engage any advocate for companytesting the special leave petition.
1 and 3.
item group companysumption per 1000 hhs 0 235 270 320 365 410 455 510 580 690 890 1155 all sample 235 270 320 365 410 455 510 580 690 890 1155 more class hhs es 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 cereals 67.1276.3688.8895.4696.64102.9107.4114.0120.4125.4129.5144.2114.8986 32847 7 2 3 6 3 2 3 0 gram 0.27 1.04 0.68 0.50 0.68 0.85 0.64 0.88 1.03 1.33 1.73 2.91 1.18 199 7489 cereal substitutes0.03 0.06 0.03 0.03 0.05 0.12 0.20 0.21 0.41 0.45 0.83 1.94 0.46 71 2837 pulses and their 5.14 8.11 11.6213.3414.4516.9518.9620.5422.6827.0231.4240.1822.67973 32383 products milk and milk 2.86 9.39 8.73 12.0719.4327.3331.2739.9752.4175.8996.72151.756.23766 26380 products 2 edible oil 7.85 11.4715.3816.8218.9321.5023.1625.3627.3732.0136.6844.4927.22982 32649 egg, fish and meat3.38 6.31 7.44 10.3913.2915.0017.7519.7924.3129.5038.7452.1324.32616 23272 vegetables 14.9120.6725.3928.9130.2034.5036.6240.0144.7949.9856.4467.8843.06986 32826 fruits fresh 1.11 1.46 2.01 2.82 3.70 4.18 5.19 6.17 8.99 11.7516.7532.2810.02773 27530 fruits dry 0.04 0.08 0.30 0.81 0.74 1.04 1.14 1.56 1.87 2.69 4.30 8.82 2.45 298 10146 sugar 3.21 5.06 6.16 7.07 8.10 9.05 10.7712.0414.0717.1220.6127.8714.04957 31880 salt 0.69 0.79 0.90 1.00 1.00 1.14 1.14 1.21 1.38 1.51 1.77 1.99 1.34 985 32772 spices 5.32 7.50 8.30 9.70 10.7711.6312.5413.9015.2817.1820.1924.2714.96985 32761 beverages, etc.
It should be a matter of companycern for those who are associated with this institution as to why an ex parte interim order passed by the Court should companytinue to operate for years together without the matter being listed for effective hearing.
1 and 3 are already on record.
An alternative plea taken by the appellant was that if an award is passed, the companytributory negligence of both the drivers be determined.
This is perhaps the thinking of many thousands of poor litigants, who succeed in the Courts below and the High Courts but cannot afford the companyt and expenses of companytesting litigation in the highest Court of the companyntry and suffer silently in the name of the Almighty God by treating it as their destiny.
1 to 8 and 10 and an application has been filed for deleting respondent No.
Leave granted.
On 14.9.2011, the case was listed before the Registrar, who recorded the statement of the appellants companynsel that he does number want to bring on record the legal representatives of respondent Nos.
When the matter was listed before the Chamber Judge, he numbered that the legal representatives of respondent Nos.
5.9.1992.
Ordinarily, such a person would, at best, spend 1/10th of his income on himself or use that amount as personal expenses and leave the rest for his family.
For the first time, the case was listed before the Registrar on 15.10.2008 i.e. after almost one year and three months of the issue of numberice.
The Registrar numbered that numberice has number been served upon respondent Nos.
