BHULI & OTHERS Vs. JITENDRPURI & OTHERS

JUDGEMENT

(1.) The present appeal has been filed by the appellants-claimants under Section 173 of the Motor Vehicle Act, 1988 seeking enhancement of the compensation awarded by the MACT, Dausa in Claim Case No.(148/09) 02/09, whereby the appellants have been awarded the compensation to the tune of Rs. 3,29,000/- with interest @ 6% per annum from the date of application of the appellants, for the death of deceased Ramphool who happened to be the husband of the appellant NO.1 and father of the appellants No. 2 and 3.

(2.) It has been sought to be submitted by the learned counsel for the appellants that the Tribunal has committed error in considering the income of the deceased to the extent of Rs. 3,000/- per month as he being the skilled worker was earning Rs. 6,000/- per month. He also submitted that the Tribunal has also erred in applying the multiplier of 11 only, drawing an inference that the deceased was aged in between 50-55 years, ignoring the age as 50 mentioned in the postmortem report. According to the learned counsel, the compensation awarded by the Tribunal being not in accordance with law, the same deserves to be enhanced.

(3.) In the instant case, the Tribunal has awarded the compensation to the extent of Rs. 3,29,000/- with interest @ 6% per annum to the appellants for the death of deceased Ramphool who died in the accident in question. As observed by the Tribunal, the appellants-claimants had not produced any evidence as regards the income and age of the deceased. The said position has also not been disputed by the learned counsel for the appellants in the present appeal. After considering the evidence on record, the Tribunal has rightly taken into consideration the income of the deceased at Rs. 3,000/- per month and age of the deceased in between 50-55 years, considering the age mentioned in the postmortem report. There being no perversity or illegality in the said finding recorded by the Tribunal, this court is not inclined to interfere with the impugned order which has awarded the just compensation to the appellants-claimants. In that view of the matter, the appeal being devoid of merits deserves to be dismissed and is accordingly dismissed.