REKHA KANWAR Vs. MOHAN RAM

JUDGEMENT

(1.) The present misc. appeal has been filed by the appellants-claimants seeking enhancement of the compensation amount awarded vide Judgment and Award dtd. 17/5/2018 passed by the Motor Accident Claims Tribunal First, Jodhpur in MAC Case No.296/2014 (NCV No.2619/2014). The learned Tribunal, vide impugned judgment/award dtd. 17/5/2018 awarded a sum of Rs.11,65,480.00 in favour of the claimants alongwith interest @9% from the date of filing of claim petition i.e. 20/11/2014.

(2.) Learned counsel for the appellants-claimants raised two grounds before this Court, firstly, the learned Tribunal erroneously computed the income of the deceased on basis of minimum wages of a skilled labour at the rate of Rs.5,434.00 per month whereas it was proved on record that the deceased was owner of a mini truck and he himself drove the same. Meaning thereby, he was a driver by profession and earned Rs.20,000.00 per month.

(3.) Counsel submitted that although no document to prove the income was exhibited but then, the Registration Certificate of the vehicle in question in the name of deceased was available on record to prove that the deceased was the owner of the said vehicle. He was driving the same vehicle at the time of accident. Counsel further submitted that even the oral evidence as led by the claimants to prove the income of the deceased has not been controverted by the respondent-Insurance Company rather the same has been admitted. Therefore, there was no reason to disbelieve the version of the claimants and hence, the income of the deceased ought to have been considered at the rate of Rs.20,000.00 per month.