GEETA DEVI Vs. MOONIM

JUDGEMENT

(1.) DISSATISFIED with the compensation awarded under the order dated 04.10.2004, passed by the Additional District Judge (Fast Track) No. 7, Jaipur working as Motor Accident Claims Tribunal, Jaipur, this civil misc. appeal has been filed by the appellants -claimants (hereinafter 'the claimants') whereby in respect of a claim petition at the instance of the claimants compensation of Rs. 8,72,800/ - in the aggregate along with interest @ 6% p.a. from the date of award till the date of payment has been awarded.

(2.) THE claim petition contends that the deceased Radheshyam aged 40 years was admittedly engaged as a helper with the Rajasthan Rajya Vidhyut Prasaran Nigam on substantive basis and as per Ex -12 his salary was Rs. 7,463/ - p.m. at the time of death in an accident of 19.06.2002. The contention in the petition is that while determining the compensation, the learned MACT has failed to consider the future prospects of the deceased Radheshyam who was holding a permanent job on substantive basis as a helper with the Rajasthan Rajya Vidhyut Prasaran Nigam. The Hon'ble Supreme Court has held that where a person is less then 40 years and in regular employment, future prospects as 50% of his salary at the time of his death should be reckoned for the purpose of determination of compensation. It is prayed that the compensation determined by the court below in its order dated 04.10.2004 is therefore liable to be accordingly enhanced/modified.

(3.) I have heard the counsel for the parties and perused the impugned order dated 04.10.2004, passed by the MACT.