SHOBHA YADAV Vs. MAHESH BATHAM

JUDGEMENT

(1.) This Miscellaneous Appeal under Section 173 of the Motor Vehicles Act has been filed against the award dated 20/5/2011 passed by Additional Motor Accident Claims Tribunal, Datia in Claim Case No.56/2010.

(2.) Since the factum of accident and liability is not in question, therefore, it is suffice to say that the deceased Raju Yadav has lost his life in a vehicular accident, which took place on 20/5/2010 at about

(3.) :20 in the afternoon. 3. It is submitted by the counsel for the appellants that the deceased was an Advocate by profession and he was enrolled as an Advocate in the year 1992 and he was earning Rs.25,000/- per month and he was also enjoying the reputation of a good Lawyer. The deceased was having his personal land to the extent of 7 bigha and he himself was looking after the said land and was cultivating the same and after the death of the deceased, there is nobody to look after the agricultural land. It is further submitted that the Claims Tribunal has wrongly assessed the monthly income of the deceased as Rs.3,500/- per month, which is liable to be enhanced and the multiplier has also been wrongly applied and the future prospects have not been given.