NANDU DEVI Vs. SOHANLAL

JUDGEMENT

(1.) The instant appeal has been filed by the appellants-claimants under Sec. 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dtd. 7/11/2016 passed by Judge, Motor Accident Claims Tribunal, Tonk (for short 'the Tribunal') in claim case No. 153/2014, whereby the Tribunal has awarded a sum of Rs.5,05,232.00 in favour of claimants-appellants.

(2.) Learned counsel for the appellants-claimants submits that while passing the impugned award the Tribunal has granted compensation to the claimants by assessing the income of the deceased for 26 days in a month. While it is a settled position of law that the income of the daily wager is to be assessed for 30 days instead of 26 days. In support of his contentions, learned counsel for the appellants-claimants has placed reliance upon the judgment of Jalaur Singh and Ors. Vs. Barkat Singh and Ors., reported in 2012 (2) MACT Raj. 692.

(3.) Learned counsel for the appellants-claimants further submitted that not a single penny has been awarded to the claimants towards future prospects and as per the judgment delivered by the Hon'ble Supreme Court in the case of the claimants are entitled to get 40 per cent amount towards future prospects.