- (1.) In this miscellaneous appeal filed by the appellants under Section 173, Motor Vehicles Act, 1988, the appellants have prayed for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Deedwana (District Nagaur) in MAC Case No.26/2008, whereby, the Claims Tribunal awarded compensation of Rs.4,33,000/- along with interest at the rate of 9%.
(2.) As per facts of the case, the claim petition was filed by the appellants in respect of death of Smt. Sharda, wife of appellant No.1 and mother of appellants No.2 and 3, who died in an accident occurred on 30.03.2008 at about 6 1PM in the evening when late Sharda was travelling in jeep No.RJ-21-C-4051 with her family members while they were going to Loroji Tejaji Dham. The vehicle in which the deceased was travelling was hit on the way by tractor No.RJ-21-3R-6596 which was being driven by its driver Nanuram rashly and negligently and, due to that accident, Smt. Sharda and Smt. Bhanwari died.
(3.) Learned counsel for the appellants submits that the award passed by the Claims Tribunal is in the lesser side because the income of the deceased Smt. Sharda was not properly assessed by the Tribunal. It is argued that the age of the deceased was 25 years and she was earning Rs.8,000/- per month but the Tribunal assessed only Rs.3,000/- per month as income of the deceased and determined the dependency as Rs.2,000/- per month.;