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2005 DIGILAW 243 (RAJ)

Vimla Devi v. Hanuman Sahay

2005-01-27

DALIP SINGH

body2005
JUDGMENT 1. - This is a claimants appeal for enhancement of the award passed by the learned Motor Accident Claims Tribunal, Kotputali dated 4.3.2004 on an application filed by the appellants for compensation on account of the death of one Laxman who died in a motor accident on 26.1.2002 while working as a cleaner on a truck which met with an accident on the said date. 2. The learned counsel appearing for the appellants submits that the award passed by the learned Tribunal for Rs. 3,37,000/- is insufficient and, as such, has prayed for enhancement of the award. Learned counsel further submits that there was evidence lead by the claimants-appellants that deceased while working as cleaner.on the truck was being paid salary of Rs. 3,000/- per I month with Rs. 50/- per day as allowances and the learned Tribunal has disbelieved the said evidence and has unilaterally arrived at the finding that the income of the deceased was Rs. 1,800/- per month. 3. I have considered the submissions made by the learned counsel appearing for the appellants. While it may be correct that claimants have lead evidence to the effect that deceased was getting a salary of Rs. 3,000/- per month with Rs. 50/- per day as allowances, but from the perusal of the award, it does not appear that the amount of Rs. 3,37,000/- awarded by way of compensation is in anyway inadequate. The learned Tribunal has taken a reasonable figure of Rs. 1,800/-per month as salary for a cleaner of a truck which cannot be said to be arbitrary. In this view of the matter, the assessment of damages on the basis of ⅓rd deduction for personal expenses and leaving an amount of Rs. 1,200/- per month towards the family with multiplier of 18 cannot be said to be in anyway unjustified. 4. In the facts and circumstances of this case, I find no reason to interfere with the order of learned Tribunal. Consequently, this appeal is hereby dis-missed summarily.Appeal Dismissed. *******