SITA DEVI KODOPI Vs. RAMKUMAR NAG

JUDGEMENT

(1.) The present is a claimants' appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, South Bastar Dantewada, vide award dated 11.2.2013 passed in Claim Case No. 92/2009.

(2.) Vide the impugned award, the learned Tribunal, in a proceeding under Section 166 of the Motor Vehicles Act, in a death case, has awarded a compensation of Rs. 5,36,040/- to the claimants with interest thereon at the rate of 6% per annum from the date of filing of the claim application.

(3.) Learned Counsel for the appellants-claimants submits that the Tribunal has wrongly assessed the compensation on the ground that the claimant no.3 has got compensation and is drawing a salary of around Rs.9000/- a month which was deducted from the monthly income of the deceased while quantifying the compensation, which is in contravention to the judgment of the Hon'ble Supreme Court in the case of Vimal Kanwar and Ors. v. Kishore Dan and Ors., 2013 (7) SCC 476. He further submits that the claimants would also be entitled for loss of income towards future prospects and other heads also.