- (1.) The present appeal has been filed by the appellants-claimants under Section 173 of the Motor Vehicles Act, 1988 (for short the 'Act'), seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dholpur,( for short the Tribunal), in M.A.C. No. 151/2010, whereby the Tribunal has awarded compensation to the tune of Rs. 4,74,000/-, with interest at the rate of 7.5% from the date of application made by the claimants for the death of Smt. Guddi alias Kamlesh.
(2.) It has been sought to be submitted by learned counsel for the appellants that the deceased Smt. Guddi was the wife of appellant No. 1 and mother of appellant Nos. 2 to 4 , who died in the accident caused out of the use of vehicle Tempo, bearing Registration NO. RJ-11/GA-2990 .According to him the Tribunal has awarded the compensation considering the income of the deceased as 3,000/- whereas the deceased was earning five to six thousands per month. He also submitted that the Tribunal has not awarded the amount under the head of consortium separately for the children who are of very young age.
(3.) There is hardly any substance in the arguments made by the learned counsel for the appellants. It appears tfrom the impugned award passed by the Tribunal that the appellants-claimants had not produced any evidence as regards the income of the deceased and hence the Tribunal has considered the income of the deceased as Rs. 3,000/- p.m. on the basis of minimum wages that she might have earned. The Tribunal has also awarded Rs. 10,000/- towards the consortium for the loss of love and affection to the husband and the children. The Tribunal considerign the evidence on record has awarded Rs. 4,74,000/- which is just and proper compensation for the death of the deceased. There being no illegality or perversity pointed by the learned counsel for the appellant, the award deserves to be confirmed. There being no substance in the appeal, the same is dismissed in limine.;