CHUKALI W/O MUNNA RAM Vs. HANUMAN RAM

JUDGEMENT

(1.) The appellants claimants have preferred the present appeal under Section 173 of the Motor Vehicles Act, laying challenge to the judgment and award dated 23.11.2017 passed by the Motor Accident Claims Tribunal, Merta whereby a sum of RS.12,51,250/- has been determined by the Tribunal. One Munna Ram died in an accident, for which his legal representatives appellants filed a claim under Section 166 of Motor Vehicles Act, 1988.

(2.) Neither the factum of accident nor the negligence of the driver are in dispute and the appeal has been preferred only being dissatisfied with the amount awarded by the Tribunal; hence this Court does not deem it necessary to narrate and deal with other facts in detail.

(3.) Mr. Choudhary, learned counsel for the appellants contended that though the claimants had produced a documentary evidence evincing the monthly salary of the deceased to be Rs.9,000/- per month, yet the Tribunal below has reckoned his monthly income only as Rs.7,000/-. He invited attention of this Court towards the certificate issued by his employer and the statement of AW-3 Hanumana Ram the accountant of his employer Firm, in support of his contention that the claimants have proved beyond doubt that the monthly salary of deceased Munna Ram was Rs.9,000/-. Mr. Choudhary in light of these evidence contended that the amount awarded by the Tribunal deserves to be appropriately enhanced.