KOYALI DEVI Vs. VIKRAM

JUDGEMENT

(1.) The present appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants (for short 'the claimants') dissatisfied with the judgment and award dtd. 2/7/2015 passed by the Motor Accident Claims Tribunal Kotputli, District Jaipur (for short 'the Tribunal') in Claim Case No. 35/2008 whereby the Tribunal has awarded a sum of Rs.14,13,000.00 along with interest @ 7.5% per annum from the date of filing the claim petition as compensation in favour of the claimants.

(2.) The Tribunal on the basis of the pleading of the parties, framed the issues and evaluated the evidence on record. After hearing counsel for the parties, decided the claim petition of the claimants and awarded the amount as indicated above.

(3.) Learned counsel for the claimants submits that the Tribunal had wrongly calculated the income of the deceased as Rs.15,700.00 per month. Learned counsel for the claimants further submits that the deceased was an Ayurvedic Doctor and as per the income certificate (Ex.15), he was earning Rs.18,105.00 per month as salary but the Tribunal has wrongly deducted house rent allowance whereas house rent allowance should be added in the income of the deceased. Learned counsel for the claimants further submits that the Tribunal has wrongly deducted 1/3rd amount towards personal expenses of the deceased, whereas as per the dependency of the deceased it should be 1/4th. Learned counsel for the claimants further submits that the Tribunal had not awarded any amount towards future prospects, whereas as per the age of the deceased i.e. 54 years at the time of accident, he is entitled to get 15% towards future prospects. Learned counsel for the claimants further submits that the Tribunal has awarded very meagre amount of Rs.Rs.25,000/- lumpsum towards love and affection whereas it should be Rs.40,000/- to each claimant. Learned counsel for the claimants also submits that the Tribunal has awarded only Rs.2,000/- towards funeral expenses whereas it should be Rs.15,000/-. So, judgment and award of the Tribunal may be modified.