CHAMELI DEVI Vs. SANJEEV KUMAR

JUDGEMENT

(1.) The present appeal has been preferred against the award dtd. 1/3/2018 passed in the claim petition filed under Sec. 166 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Kaithal (for short, 'the Tribunal') for enhancement of compensation, granted to the appellants/claimants to the tune of Rs.3,22,000.00 along with interest at the rate of 7% per annum, on account of death of Kehar Singh in a Motor Vehicular Accident, occurred on 23/4/2016.

(2.) As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, the detailed narration of the facts of the case is not reproduced and is skipped herein for the sake of brevity.

(3.) The learned counsel for the appellants/claimants contends that the compensation assessed by the learned Tribunal is on the lower side and deserves to be enhanced. He further contends that the learned Tribunal has committed a patent illegality in deducting the monthly pension amount of Rs.24,000.00 received by the claimant, the widow of the deceased Kehar Singh, while determining the loss of dependency. Further contends that such deduction is wholly impermissible and runs contrary to the settled principles of law. It is further contended that the learned Tribunal has erred in assessing the notional income of the deceased at Rs.6,000.00 per month, which assessment is arbitrary and unsustainable. Reliance is placed upon the authoritative pronouncement of the Hon'ble Supreme Court in Helen C. Rebello v. Maharashtra State Road Transport Corporation, AIR 1998 SC 3191. Therefore, he prays that that the present appeal deserves to be allowed, as per latest law.