SHARIFAN Vs. JAHUL KHA

JUDGEMENT

(1.) The present appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants (for short 'the claimants') dissatisfied with the judgment and award dtd. 23/3/2022 passed by the Motor Accident Claims Tribunal, Alwar (for short 'the Tribunal') in Claim Case No.491/2018(CIS No.485/2018), whereby the Tribunal has awarded a sum of Rs.10,14,892.00 along with interest @ 7.5% per annum from the date of filing of the claim petition in favour of the claimants.

(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 and awarded the amount as indicated above.

(3.) Learned counsel for the claimants submits that the Tribunal has wrongly came to the conclusion that the deceased was a skilled labour and his wages has been computed as a skilled labour. Learned counsel for the claimants further submits that the deceased-Mammar Kha @ Mamrej was a driver and his income was Rs.15,000.00 per month. So, income of the deceased be calculated as Rs.15,000.00 per month. Learned counsel for the claimants further submits income of the deceased was at lower side. So, he did not incur 1/5th of his income for his personal expenses. So, the finding of the Tribunal with regard to deduction of 1/5th amount towards personal expenses of the deceased may be modified. Learned counsel for the claimants also submits that the Tribunal has awarded only Rs.40,000.00 towards love and affection and loss of consortium whereas it should be Rs.40,000.00per claimant. So, award of the Tribunal be modified accordingly.