MEHAR CHAND Vs. KESHORAM

JUDGEMENT

(1.) This appeal has been filed against the award dated 13.9.1994 passed by the Motor Accidents Claims Tribunal, Jaipur City, Jaipur (hereinafter referred to as 'the Tribunal'), in the Claim Petition No. 914 of 1989 filed by appellants for the compensation on account of the accident in which the deceased Surendra Kumar Jain, son of appellant Nos. 1 and 2, husband of appellant No. 3 and father of appellant No. 4 died as a result of the injuries suffered by the deceased in the said motor accident which occurred on 7.3.1989.

(2.) The facts of the case are that on 7.3.1989 deceased along with his wife Rajeshwari Jain, appellant No. 3 and the daughter Priyanka, appellant No. 4 and the sister of the deceased Maya Devi were travelling in a car bearing registration No. RNE 5151 from Jaipur to Delhi, which met with an accident by colliding with a truck coming from the opposite direction bearing registration No. UHN 2365. The learned Tribunal found that the driver of the truck was driving the same rashly and negligently and was responsible for the said accident in which on account of the injuries suffered by the deceased he died as a result thereof.

(3.) The submission of learned counsel for the appellants is that Tribunal ignored the material evidence that was produced before it to show the income of deceased who was a jeweller and running the firm in the name and style of firm Adinath in the Ram Bagh Palace Hotel, Jaipur. The further submission of the learned counsel for the appellants is that the learned Tribunal has awarded a consolidated figure of Rs. 5,00,000 (rupees five lakh) on account of loss of income without going into the details of the evidence and that the said amount of compensation in the facts and the circumstances of the present case is wholly inadequate.