RANA KISHORESINH TAKHUBHA Vs. KANJI KUKA

JUDGEMENT

(1.) The appellants-claimants, being aggrieved by the award dated 10th August, 1982 passed by the learned Member, Motor Accident Claims Tribunal (Main), Surendranagar in Claim Petition No.318 of 1981, are before this Court with a submission that the learned Tribunal below did not award proper amount to the claimants, therefore, the amount deserves to be enhanced.

(2.) Shri Mayur Barot, learned Counsel for the appellants, after taking me through the entire evidence and the findings recorded by the learned Tribunal below, submitted that the learned Tribunal was unjustified in holding that the salary/income of the deceased was Rs.330/- per month and further erred in holding that the deceased was only to work for a period of five years. The learned Counsel submitted that from the statement of the widow of the deceased, it would clearly appear that the deceased was to work for eight years and he was also to get increments, etc. It was also submitted that the learned Tribunal below erred in not appreciating that had the deceased completed further service of eight years, he could have earned bonus, gratuity and provident fund. He submitted that the claimants are entitled to a further sum of Rs.46,000/-.

(3.) Shri V. C. Thomas, learned Counsel for respondent No.3, however, submitted that the learned Tribunal was absolutely justified in making the award and the award does not call for any interference.