MANJU DEVI Vs. KULWANT SINGH

JUDGEMENT

(1.) HEARD learned counsel for the claimant appellants and the contesting non-claimant respondent No. 3 the New India Insurance Company Limited, and perused the entire record of the appeal.

(2.) THIS appeal is directed by the claimant appellants against the award, dated 17. 9. 2001, of the learned Motor Accident Claims Tribunal, Kishangarh, District Ajmer, in Claim Case No. 226/99, for enhancement of the amount of compensation awarded by the learned Tribunal in their favour.

(3.) THE position of the deceased in this case, who was married and having wife and children, cannot be taken worst than that of a boy of 13 years who died in the accident. In this case the approach of the learned Tribunal re taking the income of the deceased is accepted, it will result in causing injustice to the claimant appellants. In my opinion, for the purpose of determination of the amount of compensation on the death of deceased, it is just and reasonable to take his income at Rs. 15,000/- per annum.