SHEIKH AZIZ SHAIKH JUMMAN Vs. GANGADHAR N. NIKAM

JUDGEMENT

(1.) This is an Appeal by the parents and sister of the deceased Tarannum Naaz, who died in the motor vehicular accident on 10/10/2004 when she was travelling in a car from Nagpur - Jabalpur road and the truck gave dash to the car. The Appellants have preferred this Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'M.V.Act) for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal (for short, M.A.C.T.), Nagpur in Claim Petition No.1323/2004 by Judgment and Award dtd. 6/7/2013 awarding the compensation of Rs.24,71,336.00 with interest @ 7% per annum from the date of petition till its realization.

(2.) According to the Appellants, the deceased was working as Air Hostess with Qatar Airways and earning 8,998 Qatar Riyal per month as the salary which comes to Rs.1,16,974.00 in Indian Currency and the deceased was 25 years old at the time of death. The Appellants led the necessary evidence. The Salary Certificate of the deceased was brought on record by examining the witnesses. The Appellants examined the Chief Manager of the Canara Bank to show the value of the Qatar Riyal in terms of the Indian Currency at the relevant time. Considering the evidence on record, the learned Tribunal awarded the above referred compensation.

(3.) It is submitted by the learned Advocate for the Appellants that, the learned Tribunal did not consider the entire per month salary of the deceased and considered the salary of the deceased on lower side, though sufficient evidence was brought on record in support of per month income of the deceased. It is submitted by the learned Advocate for the Insurance Company that, the learned Tribunal has given sound reason while considering the income of the deceased by making appropriate deduction. 4. The evidence on record shows that witness No.2, who was Senior Sales Executive with Qatar Airways was examined by the Appellants. His evidence shows that, the deceased was the Cabin Attendant and got the salary of 8998 Qatar Riyal for August, 2004 and for the month of September, 2004 she was paid 5,673 Qatar Riyal. The necessary documents in respect of the said salary are brought on record. The evidence of witness No.3 examined by the Appellants shows that, he was Chief Manager in the Canara Bank. He was examined in respect of the exchange rate of the Qatar Riyal. His evidence shows that, on 3/8/2004, value of one (1) Qatar Riyal was Rs.12.656 and on 31/8/2004, it was Rs.12.711. His evidence shows that, the Foreign Exchange rate keeps fluctuating frequently and he was not in a position to state the rate of Foreign Exchange for the month of September and October, 2004, in absence of data with him. 5. The learned Tribunal while considering the evidence in respect of the income of the deceased gave sound and acceptable reasons which are based on the material available on record. For better understanding and clarity, the relevant observations made in paragraph Nos.14, 15 and 16 from the Judgment of the learned Tribunal are reproduced below :