HEM KANWAR Vs. HEMA RAM

JUDGEMENT

(1.) The present appeal for enhancement of the award has been preferred against the judgment and award dtd. 30/8/2018 passed by the learned Judge, Motor Accident Claim Tribunal, Jodhpur Metro, Jodhpur in MACT Claim Case No.207/2016 (4208/2016) whereby the claim petition as preferred by the claimants has been partly allowed and an award for an amount of Rs.9,63,088.00 along with interest @ 6% from the date of filing of the claim petition has been awarded in favour of the claimants.

(2.) The present appeal has been filed on two grounds; firstly, the income as assessed by the learned Tribunal is erroneous and contrary to the evidence available on record and secondly, the amount qua the head of consortium has been awarded only to one of the claimants being the wife of deceased whereas the same ought to have been awarded to the other four claimants too.

(3.) Learned counsel for the appellants submitted that it was very well proved on record that the deceased was working at two places and was earning Rs.12,000.00 per month as a salesman and further Rs.4,200.00 as an accountant. Both the employers with whom the deceased was employed, entered the witness box and specifically deposed about the deceased being in their employment. The ledger accounts have been got exhibited by both the employers and therefore, the computation of income of the deceased by the learned Tribunal @ Rs.5,670.00 per month, on basis of the minimum wages, deserves to be set aside being erroneous.