Narendra Kumar Jain -I - (1.) HEARD learned counsel for the parties.
(2.) AT the request of learned counsel for the parties, arguments were heard and the appeal is being disposed off finally. The claimants have preferred this misc. appeal for enhancement of the amount of compensation awarded by the Motor Accident Claims Tribunal, Rajgarh, District Alwar(for short 'the Tribunal') vide award dated 07.06.2007 in respect of death of Late Shri Babu Lal, who died in an accident arising out of motor vehicle on 13.05.2006. The Tribunal has awarded total compensation of Rs. 3,53,400/ - in the following heads: JUDGEMENT_130_LAWS(RAJ)2_2012.htm
(3.) SUBMISSION of learned counsel for the appellants is only with regard to income of the deceased. He submitted that as per evidence of the claimants, the deceased was driver and he was getting salary of Rs. 5,000/ - per month and was also earning Rs. 3,000/ - per month as agriculture income, therefore, he was earning Rs. 8,000/ - per month, whereas the Tribunal assessed income of the deceased only as Rs. 80/ - per day, i.e. Rs. 2,400/ - per month. He further submitted that since deceased was driver, therefore, at least he should have been treated as skilled labour and his income should have been treated as Rs. 100/ - per day, therefore, amount of compensation be enhanced treating income of the deceased as Rs. 100/ - per day, i.e. Rs. 3,000/ - per month. So far as multiplier applied by the Tribunal for calculating the amount under the head of loss of income is concerned, the same has not been disputed. The compensation awarded under other heads has also not been disputed by learned counsel for the appellants. Counsel for appellants also submitted that interest on determined compensation is payable, therefore, condition put by Tribunal that in case remaining compensation is not paid within two months, then interest will be paid, is not proper. Hence, interest may also be awarded.;