KANYA KAWAR Vs. BABU GIRI

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal assails the award dtd. 3/1/2004 passed by learned Judge, Motor Accident Claims Tribunal, Rajsamand on the file of M.A.C.Case No. 409/2002 wherein and whereby the claim of the appellants for compensation was partly allowed granting a compensation of Rs.2,84,400.00 with interest.

(2.) The contention of learned counsel appearing for the appellants is that the Tribunal has ignored Exhibit-3, the salary certificate issued by the employer, which clearly demonstrate that the deceased was a salesman in the Jewelry shop and he was earning Rs.9000.00 per month. According to him, the Tribunal without any opposition from the Insurance Company has ignored such important material and treated the deceased an unskilled labour and awarded minimum wages, which is incorrect. It is also his contention that while giving deduction, the Tribunal has improperly applied 1/3 deduction towards personal expenses. When the dependents are more than 3, it should have been applied 1/4. It is also submitted that future prospects in the earning of the deceased was also not considered. It is also his contention that compensation towards other heads were not properly awarded.

(3.) None appeared for the Insurance Company.