MANGI DEVI Vs. MALU RAM

JUDGEMENT

(1.) The present appeal under Sec. 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants-claimants (for short 'the claimants') dissatisfied with the judgment and award dtd. 3/8/2004 passed by the Motor Accident Claims Tribunal, Sikar (for short 'the Tribunal') in claim case No.229/2002, whereby the Tribunal has awarded a sum of Rs.3,66,000.00 along with interest @ 6% per annum from the date of filing the claim petition 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 wrongly assessed the income of the deceased as Rs.3,000.00per month. Learned counsel for the claimants further submits that as per the statement of the claimants and their witnesses, the deceased was earning Rs.6,000.00 per month from camel cart, so, the income of the deceased be calculated as Rs.6,000.00 per month. Learned counsel for the claimants also submits that Tribunal has wrongly deducted 1/3rd amount from the income of the deceased as his personal expenses, whereas according to the member of dependents, it should be 1/4th. Learned counsel for the claimants also submits that the Tribunal has not awarded any amount towards future prospects, whereas, as per the age of the deceased i.e. 46 years, claimants are entitled to get 25% of the deceased's income towards future prospects. Learned counsel for the claimants also submits that the Tribunal has awarded Rs.30,000.00 towards loss of consortium as well as love and affection, whereas it should be Rs.40,000.00 to each claimant. Learned counsel for the claimants also submits that the Tribunal has awarded only Rs.2,000.00, for funeral expenses whereas it should have been awarded Rs.15,000.00. So, judgment and award of the Tribunal may be modified accordingly.