SUDHAKAR PRASAD AGNIHOTRI Vs. LALJI KORI

JUDGEMENT

(1.) THIS order shall govern the disposal of Misc.Appeals No.3808/06 and 3438/06 as they arise in a common award passed by tribunal arising out of one accident. Since both the aforesaid appeals are counter case and arose from the common order/award dated 28.6.2006 passed by the Fifth Additional Member of Motor Accident Claims Tribunal, Rewa in Claim Case nos.2/06 hence they are decided by this common order.

(2.) CLAIMANTS in number four i.e. Sudhakar Prasad Agnihotri (father), Smt. Kuntima (mother), Smt. Sunaina(wife) and Master Abhay (son ) of deceased Kunjbihari, aged about 25 years (in M.A.No.3808/06) have preferred this appeal in order to enhance the compensation/award amount of Rs. 2,06,000.00 awarded on dated 28.6.2006 passed by the Fifth Additional Member of Motor Accident Claims Tribunal, Rewa in Claim Case nos.2/06.

(3.) LEARNED counsel for the appellants/claimants Shri A.D. Mishra submitted that learned tribunal by going through the evidence of the parties and has wrongly taken notional income of deceased as per section 163-A of scheduled Rs. 1,500.00 per month equally Rs.18,000.00 per annum after deduction of 1/3rd self expenditure, total yearly income assessed Rs.12,000.00 which is of lower side. LEARNED tribunal also wrongly taken multiplier of '17' while through evidence the claimants very well proved that deceased was earning Rs.150.00 per day, on the contrary, no evidence was produced by respondents/insurance co. As per evidence of Sudhakar Prasad (PW/AW 1) who is father of deceased Kunj Bihari, the deceased was at the time of accident 25 years old and he was earning Rs.150.00 per day as Raj Mistri (mason) and also as per evidence of Papu Prasad Sharma (PW/AW 2) who stated that he took service of Kunjbihari and paid him for his wages Rs.150.00 per day, thus he also supported the version of Sudhakar Prasad (PW/AW 1) . He further submits that wrongly multiplier '17' applied by tribunal and total amount of Rs.2,000.00 awarded under the head of customary and no other heads are allowed which is also not just and proper.