(1.) The miscellaneous appeal under section 173 of the Motor Vehicles Act, 1988 has been filed challenging the impugned award dated 22.03.2018 passed in M.V.C. No.400702/2016 by XIII Additional Motor Accidents Claims Tribunal, Indore.
(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: on 31.01.2016 Shivkumar (deceased) alongwith her relatives coming from Mathura to Indore by bus reached at Guna, a truck bearing registration No.MP-09-H.H.4483 coming from opposite side driven rashly and negligently dashed the bus due to which Shivkumar sustained grievous injuries and fracture in his leg. He was referred to Gokuldas Hospital. During treatment he passed away on o4.02.2016.
(3.) Learned counsel appearing on behalf of the claimants submits that at the time of incident, the deceased was a young man aged 24 years earning at least Rs.12,000/- per month being a Sales Manager in the firm of V.R. Enterprises. Learned counsel further submits that looking to academic qualification, work experience as Sales Manager and salary certificate Exhibit P/10 and other material evidence on record from Exhibit P/83 to P/96 as well as statement of owner of the company PW.3 Hitendra Rahinj, coupled with the fact that in the year 2016, wages/skilled labour as per Collector rate of Rs.230/- per day, by no stretch of imagination, the salary of the deceased could assessed as Rs.5,000/- per month by the Tribunal. The Tribunal has committed illegality while determining monthly income of the deceased. Under such circumstances the salary of the deceased ought to have been assessed at least as Rs.6,400/- per month. Because of the incident, he met untimely death. The family is reeling under most precarious financial constraints and also suffered the loss of love and affection of the deceased.