- (1.)This miscellaneous appeal under Sec. 173 (1) of Motor Vehicle Act is filed assailing the award dtd. 30/06/2014 passed by First Additional Motor Accident Claims Tribunal, Dabra, District Gwalior in Claim Case No.72/2012 by which the tribunal has awarded the amount of Rs.19,30,000.00 as compensation on account of deceased-Neeraj Mishra.
(2.)The necessary facts for disposal of the present appeal in short are that on 21/12/2011 deceased Neeraj Mishra was returning from Dabra to Gwalior by motorcycle on his own side and as he reached near Shankar Petrol Pump, Jourasi Mandir, Dabra, a tractor driven rashly and negligently by respondent/nonapplicant No.1 bearing Registration No.MP07-HA-5811 hit the motorcycle of the deceased on account of which, Neeraj Mishra sustained grievous injuries and died during the treatment at Sahara Hospital, Gwalior. A criminal case was registered against the driver of the said tractor vide crime No.318/2011 under Sec. 174 of Cr.P.C. After enquiry under Sec. 174 of Cr.P.C., FIR was registered and after investigation, a criminal case under Sec. 304-A of IPC was filed against the respondent/non-applicant No.1.
(3.)Learned counsel for the claimants has argued that award passed by the tribunal is contrary to the evidence available on record. Learned Claims Tribunal erred in calculating the compensation on the lower side. He has further argued that as per income tax return for the year 2010-11(Exhibit P/19), the income should be calculated after deduction of total taxes paid amounting to Rs.3562.00. After deduction, the gross annual income comes to Rs.1,91,019.00. However, the trial Court has calculated the yearly income as Rs.1,80,000.00. He has further stated that the other compensation head should be given as per the case law laid down by Hon'ble Apex Court National Insurance Company Ltd. vs. Pranay Sethi and Ors., (2017 ACJ 2700) and United Insurance Company Ltd. vs. Satinder Kaur and Ors., (2020 ACJ 2131).