LAWS(RAJ)-2022-2-200

DEVI Vs. RAMSEN

Decided On February 08, 2022
DEVI Appellant
V/S
Ramsen Respondents

JUDGEMENT

(1.) Instant misc. appeal has been filed by the appellants-claimants against the judgment and award dtd. 7/12/2013 passed by learned Judge, Motor Accident Claims Tribunal (First), Jodhpur whereby the learned Tribunal partly allowed the claim of the appellants-claimants and awarded a compensation of Rs.9,93,000.00 with interest at the rate of 8.5% per annum from the date of filing of the claim petition.

(2.) While praying for enhancement, learned counsel for the appellants submits that the learned Tribunal has erred in considering the monthly income of the deceased as Rs.4,000.00 per month. The appellants-claimants categorically stated that the deceased was working in the Iron Workshop and easily earned Rs.30,000.00 per month. Learned Tribunal has failed to consider the future rise in income while awarding the future loss of income. It is settled law that the future prospects of advancement in life and career should also be sounded in terms of money to augment the multiplicand. It is prayed that the amount of compensation awarded by the Tribunal may be enhanced.

(3.) Per contra, learned counsel for the respondent-Insurance Company while vehemently opposing the prayer of the appellants has submitted that amount granted by the Tribunal is fair and just. Therefore, no interference is required in the impugned judgment and award.