MANJUBALA Vs. BADRILAL

JUDGEMENT

(1.) The appellants have filed this appeal under Sec. 173 of Motor Vehicles Act being aggrieved by the award dtd. 15/3/2023 passed in Claim Case No.48/2022, whereby raising singular ground of incorrect assessment of income of deceased Omprakash. The death due to accident and consequential liability of Insurance Company is not under dispute.

(2.) Short facts of the case are that on 9/1/2022 deceased Omprakash was going by his moped No.MP-14-MC-3731 from village Piplyajodha to Mandsaur for attending his duty at job. When he reached at village Manankheda, he was standing at four lane, Manankheda, Car No.MP-14-CC-9599 came from Mandsaur side and dashed into standing deceased Omprakash. The said car went on to dash into the divider of the four lane and dashed into another Trailer No.RJ-09-GD-1060, because of which one more person died. The case was registered at Crime No.20/2022 for the said accident.

(3.) Learned counsel for the appellants submits that deceased was working as Radiographer at Dev Diagnostic Centre, Mandsaur. He was working as X-ray Operator and earning Rs.20,000.00 per month. The deceased was having a Diploma of Lab Technician and the documents were exhibited as Ex.P/13 and P/14. In support of which Dr. Bharat Sangtani (AW-2) deposed before the claims Tribunal that deceased was working as Radiographer at Dev Diagnostic Centre, Mandsaur for last five years. The registration certificate of Diagnostic Centre is exhibited at Ex.P/17. Incometax returns of the aforesaid centre were also brought on record in form of Ex.P/18 to P/22. Even the salary certificate of the deceased for Rs.20,000.00per month was on record as Ex.P/16. However, the claims Tribunal disbelieved each and every document. It was established by the appellants that the said centre has paid Rs.7,71,000.00 in the shape of salary to its employees, as per Income-tax return submitted he, thus argued that there was no occasion for the Tribunal to disbelieve the claim of income of the deceased. He, thus prays for enhancement of compensation.