SHWETA Vs. PERU KHAN

JUDGEMENT

(1.) THIS order shall also govern the disposal of M.A. No. 1785 of 2010 as both the appeals are for enhancement of the amount and also apportionment between the appellants and respondent No.4.

(2.) BEING aggrieved by the award dated25.2.2010 passed by Sixteenth M.A.C.T., Indore in Claim Case No. 6 of 2009, whereby the claim petition filed by the appellants was allowed and compensation of Rs. 4,78,000 was awarded in a death case, present appeal has been filed for enhancement of amount.

(3.) LEARNED counsel for the appellants submits that the deceased was having professional driving licence of heavy goods vehicle and the deceased was also owner of two vehicles, i.e., trolla and truck. It is submitted that the truck is registered in the name of the wife of the deceased and trolla was owned by the deceased himself. It is submitted that deceased was paying the instalment of Rs. 28,255 per month, which is having passbook, Exh. P14 and Exh. P15. It is submitted that appellant No. 2, who is the son of the deceased, was studying in Delhi Public School and his fees was Rs. 25,000 per year. It is submitted that the deceased was also paying LIC premium of Rs. 21,000 per year. Deceased was living in rental accommodation and paying monthly rent of Rs. 2,200. It is submitted that learned Tribunal committed error in assessing the income of the deceased at Rs. 3,900 per month. Counsel prayed that appeal be allowed and amount be enhanced.