VIJAY LAXMI Vs. GITANJALI OUTDOORS

JUDGEMENT

(1.) By the instant appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act'), appellants-claimants have assailed the impugned judgment and award dated 27.05.2019 passed by the Motor Accident Claims Tribunal, Bikaner by which the Tribunal awarded compensation of Rs. 8,01,640/- with interest @ 7% per annum in favour of the appellants. Now the appeal has been filed by the appellants for enhancement of the compensation.

(2.) Learned counsel for the appellants submits that the Tribunal has awarded lesser amount of compensation despite all the issues have been decided in favour of the appellants-claimants. Learned counsel for the appellants further urged that the learned Tribunal committed error in determining the income of the deceased. Sufficient evidence was produced by the claimants to prove the income of the deceased as Rs. 15,000/- per month. The deceased was engaged in construction work of the houses, therefore, Rs. 15,000/- per month was not much amount which cannot be earned by the person doing such job. He further states that learned Tribunal has further committed error in granting interest @ 7% per annum only. It is submitted that at least 18% interest per annum should be granted by the Tribunal.

(3.) I have heard learned counsel for the appellants and perused the impugned judgment and award.