JAL SHREE Vs. HANSRAJ

JUDGEMENT

(1.) This appeal has been preferred by claimants seeking enhancement of compensation awarded by learned Motor Accident Claims Tribunal (Special Judge, Dacoity Affected area), Bharatpur, vide its award dated 26.06.2006 in MAC Case No.38/2006, in a death claim case.

(2.) Claimants filed claim petition before learned Tribunal for death of Bahadur Singh, husband of appellant no.1, in a road accident, involving a vehicle insured with respondent insurance company. Learned Tribunal has, after adjudication of matter, awarded total compensation of Rs.3,74,200/- to claimants. Hence, this appeal for seeking enhancement thereof.

(3.) Miss Manju Dave, learned counsel for appellants has argued that despite the fact that deceased was working as mechanic and earing Rs.10,000/- per month, learned Tribunal has assessed his income just at Rs.2,700/- per month. According to claimants, deceased was earning Rs.3000/- per month. He was working as mechanic in the firm Krishi Kranti Kendra, Bharatpur. This fact is proved by AW- 2 Subhash Chand Gupta, who is the proprietor of the said firm. He stated that deceased used to work on part time basis in morning and evening and thereby used to earn Rs.7000/- per month. Thus, his monthly earning was Rs.10,000/-. The salary certificate of deceased was also produced on record and that was proved by AW-2 Subhash Chand Gupta.