PHOOLI DEVI Vs. GOPAL SINGH

JUDGEMENT

(1.) The present appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants aggrieved with the judgment and award dtd. 11/4/2022 passed by the Additional and District Judge No.2, Motor Accidental Claim Tribunal Shahpura, Jaipur (for short 'the Tribunal') in Claim Case No.30/2022(22/2018), whereby the tribunal has awarded a sum of Rs.9,55,300.00 along with interest @ 7% per annum from the date of filing of the claim petition in favour of the claimants-appellants.

(2.) The Tribunal on the basis of the pleading of the parties, framed the issues and evaluated the evidence on record. After hearing counsel for the parties, decided the claim petition of the claimants-appellants and awarded the amount as indicated above.

(3.) Learned counsel for the claimants-appellants submits that the Tribunal has wrongly came to the conclusion that the deceased was a skilled labour and earned Rs.227.00 per day. Learned counsel for the claimants-appellants further submits that the evidence adduced by the claimants-appellants is that the deceased-Banshidhar Yadav was a truck driver and earned Rs.25,000.00 per month. Learned counsel for the claimants-appellants also submits that the deceased was also paying the installments of the truck. So, income of the deceased be calculated as Rs.25,000.00 per month. Learned counsel for the claimants-appellants further submits that the Tribunal wrongly deducted 1/3rd from the income of the deceased as his personal expenses. Learned counsel for the claimants-appellants further submits that the deceased had four dependents. So, 1/4th amount should be deducted from the income of the deceased. Learned counsel for the claimants-appellants also submits that the Tribunal has awarded lump sum amount of Rs.40,000.00 towards the consortium, love and affection. As per the judgments of Hon'ble Apex Court, it should be Rs.40,000.00 per member. So, award of the Tribunal be modified accordingly.