MACHLA BAI Vs. DINESH

JUDGEMENT

(1.) This Miscellaneous appeal under Sec. 173(1) of Motor Vehicles Act, 1988 has been filed by appellants/claimants, seeking an enhancement of compensation by challenging the impugned Award dtd. 2/8/2018, passed by Third Additional Motor Accident Claims Tribunal, Guna (M.P.) (hereinafter referred to as 'the Claims Tribunal') in Claim Case No. 187/2016, whereby Claims Tribunal had awarded compensation of Rs.4,86,000.00.

(2.) The date of the accident, negligence, and liability are not in dispute.

(3.) Learned counsel for the appellants submits that the findings recorded by the learned Tribunal are contrary to the settled position of law, arbitrary in nature and, therefore, the impugned award deserves to be set aside. It is submitted that the learned Tribunal has failed to properly appreciate the evidence available on record regarding the monthly income of the deceased. The appellants examined PW-3, who specifically deposed that the deceased was working in his shop and was being paid Rs.8,000.00 per month along with Rs.100.00 per day as allowances. The said witness also produced the account statement reflecting the salary details of the deceased. However, the learned Tribunal arbitrarily disbelieved the testimony of PW-3 and assessed the notional income of the deceased at Rs.3,000.00 per month, which is wholly unjustified. It is further submitted that sufficient evidence has been produced by the appellants to establish the income of the deceased and, therefore, the income ought to have been assessed at Rs.8,000.00 per month with Rs.100.00 per day as allowances for the purpose of determining compensation. Learned counsel further submits that the learned Tribunal has erred in holding that the deceased would have spent one-half of his income on himself. Considering the low income of the deceased and his family responsibilities, only one-third of the income ought to have been deducted towards personal expenses. It is also contended that the learned Tribunal has not awarded any amount under the heads of loss of love and affection and funeral expenses, which ought to have been granted. Accordingly, it is prayed that the impugned award be suitably modified and the compensation be enhanced.