KALI DEVI Vs. SAWAI SINGH

JUDGEMENT

(1.) The instant appeals have arisen out of the judgment and award dtd. 15/10/2019 passed by the Motor Accident Claims Tribunal, Additional District & Sessions Judge No.1, Kekri, District Ajmer (for short 'the Tribunal') in Claim Case No.35/2018, titled as "Smt. Kali Devi & Ors. Vs. Sh. Sawai Singh & Anr.", whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs.8,83,888.00 along with interest @ 6 % per annum from the date of filing of the claim petition as compensation in favour of the claimants-appellants (for short 'the claimants').

(2.) CMA No.96/2020 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal whereas CMA No.1365/2020 has been filed by the Rajasthan State Road Transport Corporation (for short 'the RSRTC') challenging the judgment & award passed by the Tribunal on the various grounds.

(3.) CMA No.96/2020-Learned counsel for the claimants submits that the Tribunal has wrongly considered the income of the deceased-Govind as Rs.5,382.00 per month. Learned counsel for the claimants further submits that the deceased was earning Rs.12,000.00 per month by doing labour work. So, income of the deceased be considered as Rs.12,000.00 per month. Learned counsel for the claimants further submits that the Tribunal wrongly calculated the income of deceased for 26 days, whereas, it should be for 30 days. Learned counsel for the claimants also submits the Tribunal has wrongly awarded a lump sum amount of Rs.70,000.00 towards filial consortium and funeral expenses etc., whereas it should be Rs.40,000.00 towards loss of love and affection & loss of consortium to each claimant, Rs.15,000.00 towards funeral expenses and Rs.15,000.00 towards loss of estate. So, judgment of the Tribunal may be modified accordingly.