SAVITA Vs. KEWAL CHAND @ KAILASH

JUDGEMENT

(1.) THIS appeal has been preferred under Section 173 of the Motor Vehicles Act against the judgment and award dated 4.4.2008 passed by the Judge, Motor Accident Claims Tribunal, Barmer in M.A.C. Case No. 290/2004 for enhancement of the compensation.

(2.) THE contention of the present petitioner is that he has filed a claim petition for claiming compensation on account of death of Shiv Narayan who died in accident on 14.10.2003. THE claim tribunal has awarded only meagre amount and hence this appeal for enhancement of the award.

(3.) HEARD learned counsel for the parties and perused the impugned award as well as the record of the Tribunal. It is not in dispute that the deceased was working as an agent for National Small Savings Scheme and the documents produced by the claimant himself have suggested that his income for the Financial Year 1999 -2000 was Rs. 31,712, in 2000 -01 it was Rs. 39,792/ - and in 2002 -03 it was only Rs.16,445/ -. Looking at the above documents and considering the oral evidence, the income of the deceased has been rightly assessed as Rs. 36,000/ - per annum and looking to the fact that only present claimant is the dependent,1/3rd deduction for personal expenses has rightly been done and no fault can be found in the above.