- (1.) Challenge in this appeal is to the judgment and award dated 23rd June, 2011, whereby the Motor Accident Claims Tribunal (Additional District Judge, Fast Track, No.9) Jaipur City, Jaipur, decreed an amount of Rs. 3,39,000/- in favour of the appellants-claimants and against the respondents. Aggrieved and dissatisfied with the amount of compensation under the award, the appellants have beseeched to enhance the quantum of compensation.
(2.) Background facts of the case, in short, are that on 25th October, 2008, Narendra Kumar Sethi and his wife Anila Sethi were going on scooter bearing Registration No. RJ-20-9M-2605 from their house situated at Triveni Nagar to the market for purchasing household articles. No sooner did they reach at about 7:15 pm, near Gurjar Ki Thadi, one Truck bearing Registration No. RJ-06-GA-2810, being driven by its driver rashly and negligently, suddenly emerged at a fast speed and hit the scooter, as a result of which, both Narendra Sethi and Anil Sethi fell on the ground and the truck trampled Anila Sethi to death on the spot. It is alleged that the driver of the truck having seen the lady died, fled from the spot. The FIR with regard to the accident came to be filed with the police station and the claimants filed the claim petition, which came to be decreed, as indicated hereinabove.
(3.) Having heard the learned counsel for the appellant and carefully perused the relevant material on record including the impugned award, it is noticed that the Tribunal considered Rs. 3,000/- to be the income of the deceased. The claimants pleaded that she was earning Rs. 6,000/- from tuition and Rs. 4,000/- from doing the business of shares, thus, her monthly income was Rs. 10,000/-. The Tribunal found that the claimant utterly failed to prove Rs. 10,000/- to be the income of the deceased, hence, on account of there being no clinching evidence with regard to Rs. 10,000/- to be the income of the deceased, considered only Rs. 3,000/- to be her income based on the minimum wages prevailing at the relevant point of time. The Tribunal is also found to have applied the multiplier of 13 as per the II Schedule appended with the Motor Accident Claims Tribunal. The Tribunal is also found to have taken care of other aspects of the case also and thus, an award of Rs. 3,39,000/- was passed in favour of the claimants-appellants. The impugned award is found to be just and proper and suffers from no factual or legal infirmity. I do not find any ground to interfere with the impugned award and the appeal being devoid of any substance deserves to be dismissed at the threshold.;