KAUSHLYA Vs. BARDUCHAND

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. 25/8/2021 passed by the Motor Accident Claims Tribunal, Dausa, (for short 'the Tribunal') in Claim Case No. 209/2018, whereby the Tribunal has awarded a sum of Rs.3,87,128.00 along with interest @6% 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 has committed an error in assessing the income of the deceased as Rs.5,538.00 per month. Learned counsel for the claimants further submits that the deceased was a retired employee from electricity department and by agricultural work and earning Rs.30,000.00 per month. So, income of the deceased be calculated as Rs.30,000.00 per month. Alternatively, learned counsel for the claimants submits that the Tribunal has wrongly considered the income of the deceased at Rs.213.00 per day on the basis of minimum wages for 26 days only, whereas it should be for 30 days. Learned counsel for the claimants further submits that the Tribunal wrongly deducted 1/3rd from the income of the deceased towards his personal expenses. As per dependency, 1/4th amount should be deducted from the income of the deceased. Learned counsel for the claimants also submits that the Tribunal has awarded very meagre amount of Rs.44,000.00 towards the loss of consortium and love and affection, whereas it should have been awarded Rs.44,000.00 to each the claimant. So, judgment and award passed by the Tribunal deserves to be modified.