PREM DEVI Vs. R S R T C

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THIS appeal is directed against the judgment/award dated 31. 8. 1994 passed by Motor Accident Claims Tribunal, Jaipur in MACT case No. 436/91 whereby the Tribunal has awarded a total compensation of Rs. 1,65,000/- in favour of the claimants- appellants.

(3.) THE learned Tribunal while discussing issue No. 3 has discussed the statements of mother and wife of the deceased about age and income. After considering the statement of the applicants witnesses the learned Tribunal has observed that no documentary evidence in respect of income of the deceased has been produced on record so as to come to a conclusion about exact income of the deceased. So far as oral statements of Prem Devi and Gulab Devi are concerned, the same were found to be contradictory to each other and without any reference of the same in the application for compensation. However, in the facts and circumstances, the Tribunal thought it proper to award a lump-sum amount of Rs. 1,50,000/- as compensation in the present case and further Rs. 15,000/- for loss of consortium etc. thus awarded Rs. 1,65,000/ -. THE Tribunal also awarded interest @ 12% per annum.