PRIRTAM CHAND Vs. SITA RAM

JUDGEMENT

(1.) THESE two appeals arise out of the same award passed by the Motor Accident Claims Tribunal, Jaipur City, Jaipur dated 27.9.1994 whereby for the death of Sushil Kumar a Claim Petition No. 391/1991 has been decided and for the death of Ajay Singh in the same accident of claim Petition No. 117/1991 has been decided by awarding a sum of Rs. 80,000/ - as compensation and both the deceased persons were aged 18 and 19 years respectively.

(2.) THE submission of the learned Counsel for the appellants is that in the case of Ajay Singh, the evidence had been led by production of certificate to show the income of the deceased as Rs. 2,500/ - per month which is (Ex. P.10) on record but the learned Tribunal disbelieved the said evidence and in arbitrary manner decided the case granting the lump sum payment of Rs. 80,000/ - for the loss of income of the deceased.

(3.) LEARNED Counsel for the appellants has submitted that there was no occasion for the Tribunal to have disbelieved the evidence led on behalf of the claimants and on the basis of the income certificate the loss of income ought to have been assessed by the Tribunal.