GULLI DEVI Vs. BIND KUMAR

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) The legal heirs of deceased Kalyan Sahai, who died in a motor-accident occurred on 9th November, 2005, have preferred this appeal for enhancement of the amount of compensation and being aggrieved with the impugned Award dated 13th July, 2007 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur, in MAC No.777/2005, whereby the learned Tribunal awarded total compensation of Rs.4, 13, 000/- with interest at the rate of 9% per annum from the date of claim application i.e. 30th November, 2005, in their favour.

(3.) The only submission of the learned counsel for the appellants is that the Tribunal committed an illegality in not assessing the income of the deceased properly. According to him the daily income of the deceased was Rs.300/- whereas the Tribunal assessed his daily income at the rate of Rs.100/- only. He contended that as per the statement of AW-1 Gulli Devi and AW-2 Bhagwan Sahai, the daily income of the deceased was Rs.3, 00/- per day, which should have been assessed. He, therefore, contended that the amount of compensation may be enhanced accordingly.