RAJ KUMARI Vs. MAHENDRA SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) The legal heirs of deceased Suresh Chand, who died in a motor-accident took place on 10th February, 2005, have preferred this appeal for enhancement of the amount of compensation and being aggrieved with the impugned Award dated 27th September, 2006, passed by the Motor Accident Claims Tribunal (Additional District & Sessions Judge, Fast Track) Dausa, in Claim Application No.83/2006, whereby the learned Tribunal awarded a total compensation of Rs.4, 02, 000/- with interest at the rate of 9% per annum from the date of claim application i.e. 25th July, 2005, in their favour, as under:-

(3.) The only submission of the learned counsel for the appellants is about assessment of income of the deceased. His contention is that, as per the affidavit of the appellant Smt. Rajkumari, the deceased was earning Rs.6, 000/- to Rs.6, 500/- per month by running a tea-stall, therefore, the Tribunal committed an illegality in assessing the income of the deceased as Rs.3, 000/- per month. He, therefore, contended that to that extent the amount of compensation may be enhanced.