BHAGOTI Vs. SAMPAT SINGH

JUDGEMENT

(1.) The instant appeals have arisen out of the judgment and award dtd. 14/1/2016 passed by the Motor Accident Claim Tribunal and Additional District & Sessions Judge No. 4, Jaipur District Jaipur (for short 'the Tribunal') in Claim Case No. 624/2014 (1215/2010), titled as "Smt. Bhagoti and Ors. v. Sampat Singh and Ors", whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs.6, 48, 200.00 along with interest @ 8 % per annum from the date of filing of the claim petition as compensation in favour of the claimants-appellants (for short 'the claimants').

(2.) CMA No. 2360/2016 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal whereas CMA No. 1353/2016 has been filed by the National Insurance Company Limited (for short 'the Insurance Company') challenging the judgment & award passed by the Tribunal on the various grounds.

(3.) CMA No. 2360/2016-Learned counsel for the claimants submits that the Tribunal has wrongly considered the income of the deceased-Jagdish Narayana as Rs.4, 050.00 per month on the basis of minimum wages. Learned counsel for the claimants further submits that the deceased was doing agricultural & Animal Husbandry work and earning Rs.15, 000.00 per month. So, income of the deceased be considered as Rs.15, 000.00 per month. Learned counsel for the claimants further submits that the Tribunal has wrongly applied the multiplier of 15, which it is on lower side. Learned counsel for the claimants also submits that Tribunal wrongly deducted 1/5th amount from the income of the deceased as his personal expenses, whereas according to the number of dependents, it should be 1/10th of the deceased's income. The Tribunal has not awarded any amount towards future prospects. Learned counsel for the claimants also submits the Tribunal has awarded very meagre amount towards love and affection & loss of consortium as well as funeral expenses. Learned counsel for the claimants further submits that the Tribunal has not awarded any amount towards loss of estate. So, judgment of the Tribunal may be modified accordingly.