KANKU Vs. KANA RAM

JUDGEMENT

(1.) Instant appeal has been preferred by the claimants- appellants against the judgment and award dtd. 22/7/2016 passed by the Motor Accident Claims Tribunal (Additional District Judge No.2), Beawar, Rajasthan (hereinafter referred to as 'the Tribunal') in Claim Case No.197/14 (441/13) whereby an amount of Rs.3,50,700.00 was awarded as compensation on account of death of Chimman Singh in the accident occurred on 7/10/2013.

(2.) Learned Tribunal after framing the issues and evaluating the evidence on record and after hearing counsel for the parties, decided the claim petition of the claimants-appellants and awarded compensation to the tune of Rs.3,50,700.00 under various heads in favour of the claimants-appellants.

(3.) Learned counsel for the appellants submitted that the deceased was of 64 years at the time of accident and as per the salary certificate produced before the Tribunal his monthly salary was Rs.7976.00 per month, but without any basis, the Tribunal has determined the monthly salary of the deceased as Rs.7101.00. Learned counsel further submitted that the salary of the deceased should have been treated and considered as Rs.7976.00 per month.