SUMANBAI Vs. KHADAR MASTANSAB SHAIKH

JUDGEMENT

(1.) The appellants / original claimants, aggrieved by the judgment and award date 22/8/2017 passed by the Motor Accident Claims Tribunal, Nilanga in MACP N0. 7 of 2012, approaches this Court under Sec. 173 of the Motor Vehicles Act.

(2.) Mr. Gastgar learned advocate appearing for the appellants submits that the present appeal is filed aggrieved by the assessment of the compensation made by the Tribunal. He would submit that the claimants had raised the claim for compensation of Rs.38,95,000.00 under Sec. 166 of Motor Vehicles Act before the Tribunal. However, the award is passed for Rs.6,12,000.00 along with interest at the rate of 6% p/a. He would further submit that the deceased was running the hotel. His earning ought to have been considered at least Rs.6,000.00 per month on notional basis. He would further submit that nothing has been granted towards future prospects. The deceased was in age group of 32 to 35 years and his family was dependent on him. As such the award is grossly inadequate.

(3.) Mr. Kanade learned advocate appearing for the respondent No. 4 would submit that the Tribunal has rightly considered notional income of the deceased to the tune of Rs.3,000.00 p.m for want of income proof. He would submit that the accident took place in the year 2012. Therefore, the minimum wages as prescribed that time are considered as basis to determine the notional income. He would further submit that in absence of the evidence regarding income, addition towards future prospects would not be permissible. Therefore, he supports the award under challenge.