- (1.) Challenge in this appeal is to the judgment and award dated 30th November, 2011, whereby the Motor Accident Claims Tribunal, Jaipur City, Jaipur (here-in-after to be referred as the 'Tribunal'), decreed an amount of Rs. 1,15,000/- in favour of the appellants-claimants and against the respondents. Aggrieved and totally dissatisfied with the amount of compensation under the award, the appellants have beseeched to enhance the same.
(2.) Having heard the learned counsel for the appellants and carefully perused the relevant material on record including the impunged award, it is revealed that on 17th April, 2008, the deceased Sachin @ Sachitra was going with Hanuman on motor-cycle bearing Registration No. RJ-14-MY-1751. It is alleged that about half a kilometer before Chaksu, one Max Jeep bearing Registration No. RJ-26-TA-0170 being driven by its driver rashly and negligently, suddenly emerged in wrong side and hit the motor-cycle, as a result of which, Sachin sustained grievous injuries on his person and finally succumbed to them. The appellants-claimants filed a claim petition, wherein the award was passed by the Tribunal as indicated hereinabove.
(3.) The learned counsel for the appellant has preferred this appeal mainly on one ground that the income of the deceased was Rs. 8,500/- per month and the appellant also filed the certificate in support thereof, yet the Tribunal considered only minimum wages prevailing at the relevant point of time and jettisoned the pay slip sans assigning any cogent reason. Learned counsel further canvassed that the income of Rs. 8,500/- per month of the deceased should be considered and the amount of compensation should be re-reckoned.;