SHABNAM BEGUM Vs. SURENDRA KUMAR

JUDGEMENT

(1.) Heard Sri Ram Ashish Pandey, learned counsel for the appellants, Sri Shresth Pratap Singh, learend counsel appearing along with Ms. Archana Singh, learned counsel for the respondent- Insurance Company and perused the judgment and order impugned.

(2.) This appeal, at the behest of the claimants, challenges the judgment and award dtd. 27/2/2017 and decree dtd. 3/3/2017 passed by the learned Additional District Judge, Court No. 8/Motor Accident Claim Tribunal, Etawah (hereinafter referred to as 'Tribunal') in M.A.C.P. No.765 of 2015 (Smt. Shabnam Begum And 5 Others Vs. Surendra Kumar And 2 Others), under Sec. 140/166 of the Motor Vehicle Act, 1988 (referred as Act), awarding a sum of Rs.4,15,000.00 with 7% interest per annum to the claimants.

(3.) It is not in dispute that the deceased was 34 years of age. He was a L.I.C. Agent. The Tribunal has considered income of deceased to be Rs.3,000.00 per month by disbelieving the documentary evidence produced by the claimants and considered income of labourer. It is submitted by Sri Ram Ashish Pandey, learned counsel for the appellants that the income of the deceased should have been considered to be Rs.30,000.00 per month; as the deceased was below 40 years, 40% of the income should be added as future loss of income. It is further submitted that the deceased was survived by his widow and three minor children, 1/4th amouny towards personal expenses of the deceased should be deducted. It is also submitted that the interest should be granted at the rate of 7.5% and Rs.70,000.00 should be granted under the head of non- pecuniary damages.