SHANTABAI Vs. AJAY MOURYA

JUDGEMENT

(1.) THIS order shall also govern the disposal of M.A. No. 3641 of 2006 as both the appeals are against the award dated 6.9.2006 passed by M.A.C.T., Indore in Claim Case No. 22 of 2003 whereby the claim petition filed by the appellants was allowed and compensation of Rs. 5,96,000 was awarded.

(2.) THE appeal is filed by the appellants for enhancement of the amount while M.A. No. 3641 of 2006 is the appeal filed by the respondent No. 3 wherein prayer is that the amount awarded is on higher side and findings whereby respondent No. 3 has been held liable deserve to be set aside.

(3.) LEARNED counsel for the appellants submits that for the purpose of calculation of loss of dependency, learned Tribunal assessed the income at the rate of Rs. 9,000 per month and deducted Rs. 3,000 on account of maintenance of the vehicle and also deducted Rs. 2,000 on account of salary of the driver. It is submitted that deduction of Rs. 3,000 towards maintenance is without any evidence and since deceased himself was driver, therefore no amount could have been deducted on account of salary of the driver. It is submitted that in view of this, the appeal filed by appellants be allowed and amount of compensation be reassessed after taking into consideration the income of deceased at the rate of Rs. 9,000 per month.