SHIVRAM PRAJAPAT Vs. RAVINDRA SINGH

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. 10/4/2018 passed by the Motor Accident Claims Tribunal, Dausa, District Dausa (for short 'the Tribunal') in claim case No.109/2015, whereby the Tribunal has awarded a sum of Rs.3,02,000.00 along with interest @ 7.5% 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 erred in considering the income of the deceased as Rs.3,500.00 per month. Learned counsel for the claimants further submits that the deceased was pursuing the vocational course of I.T.I and in addition to that he was running a tea stall and was earning Rs.6,000.00 per month. So, the income of the deceased be calculated as Rs.6,000.00 per month. Alternatively, learned counsel for the claimants further submits that income of the deceased be calculated on the basis of minimum wages i.e. Rs.189.00 per day prevailing at the relevant point of time. Learned counsel for the claimants further submits that the Tribunal has not awarded any amount towards future prospects whereas as per the age of the deceased, claimants are entitled to get 40% of the deceased's income towards future prospects. Learned counsel for the claimants further submits that the Tribunal has awarded lump sum amount of Rs.40,000.00 towards loss of filial consortium whereas each of the claimant is entitled to get Rs.40,000.00. So, judgment and award passed by the Tribunal be modified accordingly.