SUJA DEVI Vs. HARI SINGH

JUDGEMENT

(1.) This is an appeal for enhancement of amount of compensation awarded by the Motor Accidents Claims Tribunal, Jaipur, dated 14.9.1993 in Case No. 1352 of 1992 wherein an amount of Rs. 84,000 was awarded along with interest at the rate of 12 per cent per annum to the claimants. The claimants are the widow, two daughters, two sons and the parents of the deceased Jagdish Chandra Jat who died in an accident on 13.4.1990 when he was hit by a truck bearing registration No. RSB 5178. The Tribunal had found that the accident had been caused because of negligent driving of the said truck driver. However, while assessing the amount of compensation, the Tribunal while determining the age to be 35 years of the deceased had assessed the income as Rs. 500 per month and the dependency was fixed as Rs. 350 per month. Apart from the above, the Tribunal had also granted Rs. 15,000 towards loss of consortium to the widow and Rs. 10,000 to other claimants for loss of love and affection. The Tribunal had also deducted another amount of 30 per cent, the total amount of Rs. 40,000, for being as lump sum amount.

(2.) The learned counsel for the appellants challenges the award on the point of assessment of the income and submits that no amount has to be deducted on the ground that lump sum was being paid.

(3.) It has come in evidence that the deceased was earning Rs. 1,500 p.m. and was working in the factory owned by his brother. The brother had appeared as a witness. There is no evidence contradicting the statement of the evidence produced by the claimants.