SHANTI Vs. RATAN KANWAR

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the matter is heard finally.

(2.) The present appeal has been preferred by the appellantsclaimants for enhancement of the compensation awarded vide judgment and award dtd. 29/1/2018 passed by Motor Accident Claims Tribunal, Bikaner in MACT Claim Case No. 59/2012 (406/2014) whereby the Tribunal has awarded a sum of Rs.2,39,260.00 along with interest @ 9% per annum in favour of the appellants-claimants on account of the accident which occurred on 4/10/2011. In the said accident, Shri Mamraj succumbed to the injuries sustained by him. Thus, the claim petition was filed by the appellants-claimants and the learned Tribunal after framing of the issues and hearing the counsel for the parties, adjudicated the compensation and awarded a sum to the tune of Rs.2,39,260.00. Learned counsel for the appellants-claimants submits that the present appeal has been preferred by the claimants on the ground that the income of the deceased Mamraj has not been assessed properly by the Tribunal, and the Tribunal erred in calculating the income of the deceased Mamraj, considering the Income Tax Return filed before it. Therefore, the compensation assessed in the present case is on a lower side.

(3.) On this solitary submission made by the learned counsel for the appellant, the learned counsel for the respondent-Insurance Company while opposing the contentions submitted that the Tribunal has taken into consideration all the evidence adduced before it, and after carefully scrutinizing the same, reached to the conclusion that the income of the deceased Mamraj could be considered as Rs.4030.00. He further submitted that the Tribunal, vide its order dtd. 29/1/2018, has awarded 'just compensation' in the present case.