GAYATREE Vs. SUNIL GIRI

JUDGEMENT

(1.) This appeal for enhancement of compensation is directed against the judgment and award dtd. 23/1/2017 passed by the Motor Accident Claims Tribunal, Sawai Madhopur (for short 'the Tribunal'), whereby, the tribunal awarded a sum of Rs.9,58,520.00 as compensation along with interest @ 6% per annum.

(2.) Learned counsel for the appellants has submitted that the tribunal committed an error in awarding lesser compensation. It is also submitted that the tribunal has wrongly assessed the income of the deceased at Rs.5,580.00 whereas on the basis of certificate (Ex.12) and online data entry (Ex.14), it is proved that the deceased was employed as driver in K.M.T. Logistic and he was earning Rs.15,300.00 per month. The said documents were duly proved by the Manager Rajendra Singh Rathore (AW-3). The Tribunal wrongly assessed the income of the deceased by ignoring the oral and documentary evidence regarding his income. Therefore, the compensation is liable to be enhanced accordingly. It is also submitted that the tribunal has not awarded any compensation towards future prospects of the deceased.

(3.) Learned counsel for the respondents has opposed the appeal and supported the impugned award.