SANTOSH DEVI Vs. RAMESH KUMAR SAINI

JUDGEMENT

(1.) Claimants/Appellants (for short 'claimants') have filed the present appeal challenging the award daterd 3/6/2016 passed by the Motor Accident Claim Tribunal Shahpura, District Jaipur (for short 'the Tribunal') in Claim Case No.268/2012 titled as Smt. Santosh Devi and Ors. Vs. Ramesh Kumar Saini and Ors. seeking enhancement of compensations.

(2.) Brief facts of the claim petition is that on 12/9/2012 deceased Rameshwar-husband of the claimant-Smt. Santosh Devi was going to Shahpura Government Hospital alongwith his uncle's son Kailash and taking food for his Bhabhi who was admitted in the said hospital. At 7:15 PM near BSNL office, Tempo Trax No.RJ-32-T-0314 being driven by its driver rashly and negligently hit the Rameshwar, due to which Rameshwar had sustained grievous injuries. He was admitted in the hospital and during treatment, he died on 18/9/2012. FIR was lodged at Police Station Shahpura. Claimants sought compensation by way claim petition before the Tribunal. The Tribunal after hearing both the parties, awarded Rs.10,02,768.00 as compensation.

(3.) Learned counsel for the claimants submitted that the Tribunal has erred in considering the income of deceased as per minimum wages of Rs.3,510.00. Learned counsel for the claimants submitted that claimants had produced the salary certificate of deceased as Ex.15. Learned counsel for the claimants also submitted that the said certificate was duly proved by witness AW3-Sube Singh. Learned counsel for the claimants also submitted that the Tribunal committed an error by not considering the salary certificate. He also submitted that once the salary certificate of the deceased was duly proved, there was no need of filing accounts and income statement of the firm. Learned counsel for the claimants also submitted that deceased was working as Granite Cutting Machine Operator and he was earning Rs.9,500.00per month. So, appeal filed by the claimants be allowed and the judgment and award dtd. 3/6/2016 passed by the Tribunal needs to be modified.