JANKI BAI Vs. MUKESH

JUDGEMENT

(1.) Instant appeal has been preferred by the appellantsclaimants (for short 'the claimants) against the judgment and award dtd. 20/3/2018 passed by Motor Accident Claims

(2.) Tribunal, Bundi (hereinafter referred to as 'the Tribunal') in Claim Case No.34/2012, CIS No.346/2014, whereby an amount of Rs.3,61,000.00 alongwith interest @ 7.5% per annum from the date of filing of the claim petition was awarded as compensation in favour of the claimants and held respondent Nos.1 and 2 liable to pay compensation only, whereas the Insurance Company has been exonerated from its liability to pay the compensation.

(3.) Learned counsel for the claimants submits that the Tribunal had committed error in assessing income of the deceased as Rs.7,000.00 per month. Learned counsel for the claimants also submits that claimants had exhibited the Income Tax Returns as Ex.17 to Ex.19 before the Tribunal for the Assessment Years 2008-09, 2009-10 and 2010-11 respectively. As per the Income Tax Returns, income of the deceased be calculated as Rs.2,13,584.00. Learned counsel for the claimants also submits that the Tribunal had committed error in deducting 1/2 amount towards the personal expenses of the deceased, whereas it should be 1/4th looking to the number of dependents.