- (1.) THIS appeal has been preferred under Section 173 of the Motor Vehicles Act against the judgment and award dated 4.4.2008 passed by the Judge, Motor Accident Claims Tribunal, Barmer in M.A.C. Case No. 290/2004 for enhancement of the compensation.
(2.) THE contention of the present petitioner is that he has filed a claim petition for claiming compensation on account of death of Shiv Narayan who died in accident on 14.10.2003. THE claim tribunal has awarded only meagre amount and hence this appeal for enhancement of the award. The contention of the present petitioner is that the amount of compensation deserves to be enhanced as the deceased was a S.A.S. Agent and he was getting Rs. 37,946/ - per annum from the Central Government and Rs. 18,973/ - from the State Government and he was also getting pension of Rs. 6636/ -, whereas the learned Tribunal has erred in assessing income of the deceased only Rs.36,000/ - per annum and looking to the age of the deceased, multiplier has also wrongly been applied and 1/3rd deduction has been done for the personal expenses. The learned Tribunal ought to have deducted only 1/4th of amount as the deceased was maintaining a big family and the compensation should be enhanced accordingly. Per contra, the contention of the respondents is that there is no infirmity in the compensation awarded.
(3.) HEARD learned counsel for the parties and perused the impugned award as well as the record of the Tribunal. It is not in dispute that the deceased was working as an agent for National Small Savings Scheme and the documents produced by the claimant himself have suggested that his income for the Financial Year 1999 -2000 was Rs. 31,712, in 2000 -01 it was Rs. 39,792/ - and in 2002 -03 it was only Rs.16,445/ -. Looking at the above documents and considering the oral evidence, the income of the deceased has been rightly assessed as Rs. 36,000/ - per annum and looking to the fact that only present claimant is the dependent,1/3rd deduction for personal expenses has rightly been done and no fault can be found in the above.;