- (1.) This is an appeal under Sec. 173 of the Motor Vehicles Act against the award and judgment dt. 17.10.2003 passed by the Motor Accident Claims Tribunal Pali. The facts in short are that the accident is stated to have occurred on 12.11.2001. In the said accident, Narpat Singh and Ghisa Ram died whereas Guman Singh suffered injuries. Narpat Singh was unmarried. However, the other legal heirs of Narpat Singh filed the claim petition before the Motor Accident Claims Tribunal, Pali. A total amount of Rs. 2,69,000/- was awarded to the claimants of deceased Narpat Singh. Aggrieved thereby, the present appeal has been filed for enhancement.
(2.) The first argument of the learned counsel for the claimants while praying for enhancement is that the deceased Narpat Singh was a driver. He was earning Rs. 3,000/- as salary. Besides, his job as driver, he was earning Rs. 1000/- by undertaking the work in agricultural field but the Tribunal while accepting the salary certificate as driver, did not take into consideration the income earned by him from agriculture.
(3.) The second argument is with respect to the future enhancement. It is contended that the Tribunal did not take into account the future prospects. Reliance was placed on the various judgments of the Apex Court to substantiate the argument that while calculating the income of the deceased the future increase in the income should have also been taken into consideration.;