CHANDA DEVI Vs. CHARANJEET SINGH

JUDGEMENT

(1.) The present appeal has been preferred by the appellantsclaimants against the judgment and award dated 27.09.2011 passed by Motor Accident Claims Tribunal, Sri Ganganagar in Claim Case No. 127/2007 whereby, the learned Tribunal awarded a sum of Rs. 2,41,684/- in their favour on account of the death of Kishna Ram in the accident which occurred on 05.11.2006.

(2.) Learned Tribunal after framing the issues, evaluating the evidence on record and hearing the learned counsel for the parties decided the claim petition of the appellants-claimants.

(3.) Learned counsel for the appellants-claimants submitted that the finding of the Tribunal on Issue No. 2 is erroneous as the total monthly income of the deceased Kishna Ram was Rs. 10,668/- whereas the Tribunal wrongly deducted the amount of Rs. 5,723/- which he was getting as pension, from his total monthly income. He submitted that the pension amount cannot be deducted from the total monthly income of the deceased while computing the award. To buttress his arguments, learned counsel for the appellants-claimants has relied upon the judgment of Hon'ble the Supreme Court in the case of Vimal Kanwar & Ors. vs. Kishore Dan & Ors.,2013 RAR 118 (SC).