RUKMA DEVI Vs. RAMPRATAP

JUDGEMENT

(1.) THE claimant-appellants have filed this appeal under Section 173 of Motor Vehicles Act for enhancement of the amount of compensation against the judgment/award dated 25. 3. 96 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur in MACT Case No. 116/93 whereby the tribunal awarded total compensation of Rs. 63,000/- in favour of claimants in respect of death of late Shri Ramchandra who died in an accident which took place on 8. 2. 93.

(2.) THE only contention urged on behalf of appellants is that income of deceased was wrongly determined as Rs. 1200/- per month by the Tribunal, whereas it should have been determined as Rs. 3000/- per month on the basis of documentary evidence Ex. 15 Income Certificate of the deceased. It is urged that claimants examined AW-1 Mst. Rukma wife of the deceased, who stated on oath that her husband was earning Rs. 100/- per day. He has also referred Ex. 15, a certificate issued by Sarpanch, Gram Panchayat Govindgarh, certifying the total annual income of deceased as Rs. 36,000/ -. He further submits that in absence of any evidence in rebuttal, there was no reason to disbelieve the documentary evidence like Ex. 15, income certificate and as such the amount of compensation ought to have been determined on the basis of annual income of Rs. 36,000/ -.

(3.) CONSEQUENTLY, the appeal is allowed. The impugned judgment dated 25. 3. 96 is modified. The total compensation of Rs. 1,35,000/- is awarded in favour of the claimants. The learned counsel for the appellant does not dispute that Rs. 63,000/- has already been paid to the appellants which were awarded by the tribunal, therefore, the appellants will now be entitled to receive remaining amount of compensation i. e. , Rs. 72,000/ -. The claimants will be entitled to receive interest on Rs. 72,000/- at the rate of 6% per annum from the date of claim application i. e. 22. 2. 93 till the deposit of amount in the tribunal. Learned counsel for the respondent No. 3 wants time to deposit the amount. Six weeks time is allowed for the same. The tribunal is directed to deposit the entire amount in Monthly Income Scheme in the name of claimant Smt. Rukma for a period of six years. She will be entitled to receive monthly interest and full amount on its maturity. No order as to cost. .