SHANTI DEVI Vs. SIDDHARTH KUMAR

JUDGEMENT

(1.) Instant appeal has been preferred by the appellants- claimant Nos.1, 4 and 5 (for short 'the claimants') dissatisfied with the judgment and award dtd. 30/3/2018 passed by Motor Accident Claims Tribunal, Dausa (hereinafter referred to as 'the Tribunal') in Claim Case No. -B.T. No. 147/2017(375/2013), whereby an amount of Rs.6,75,608.00 alongwith interest @ 7% per annum from the date of filing of the claim petition was awarded as compensation in favour of the claimants.

(2.) Learned counsel for the claimants submits that the Tribunal wrongly assessed the income of deceased as Rs.4316.00 per month. Learned counsel for the claimants also submits that deceased-Chatrapal @ Chitar Pal used to build flats and earned Rs.15,000.00 per month. Claimant-Smt. Shanti Devi had clearly stated in her evidence that deceased was earning Rs.15,000.00 per month. No evidence in rebuttal was adduced by the non- claimants. So, income of the deceased be calculated as Rs.15,000.00 per month. Alternatively, learned counsel for the claimants also submits that at that time, minimum wages was Rs.166.00 per day. The Tribunal had calculated income for 26 days, whereas it should be for 30 days. Learned counsel for the claimants also submits that the Tribunal had not awarded amount towards the future prospects and the Tribunal had awarded only Rs.40,000.00 under the head of the loss of consortium and love & affection, whereas for loss of consortium and love & affection it should be Rs.40,000.00 for per claimant. So, the judgment and award of the Tribunal be modified.

(3.) Learned counsel for the claimants has placed reliance upon the following judgments : (1) United India Insurance Co. Ltd. v. Satinder Kaur @ Satwinder Kaur & Ors. reported in 2020 (2) R.A.R. 153 (SC); (2) Ved Prakash Goel @ Ved Goel & Anr. v. S. D. Singh & Anr. reported in 2021 (1) R.A.R. 41 (SC) and (3) Erudhaya Priya v. State Express Transport Corporation Ltd. in Civil Appeal Nos.2811-2812 of 2020 (Arising out of SLP (C) Nos.8495-8496 of 2018) decided on 27/7/2020.