VIJAY BISHNOI,J. - (1.) This misc. appeal has been preferred by the appellant- Insurance Company against the judgment and award dated 25.4.2012 passed by judge, Motor Accident Claims Tribunal, Banswara (for short 'the Tribunal' hereinafter) in MAC Case No. 36/2011, whereby the learned Tribunal has awarded a compensation of Rs. 7,93,000/- in favour of the claimants.
(2.) Brief facts of the case are that a claim petition was preferred on behalf of the legal representatives of Amar Chand son of Kachru, who died in an accident took place on 26.10.2010 on account of rash and negligent driving by the driver of truck No. RJ19-GA-7429. The claim petition was contested on behalf of the driver, owner of the vehicle truck No. RJ19-Ga-7429 and the Insurance Company, with which the offending vehicle was insured. On the basis of the pleadings of the parties, the learned Tribunal has framed as many as four issued and after taking into consideration the evidence adduced on behalf of the parties, the Tribunal has decided the issue No. 1 in favour of the claimants and has held that the accident, in which the deceased Amar Chand died, took place on account of rash and negligent driving by the driver of the offending truck No. RJ19-GA-7429. The learned Tribunal, while deciding issue No. 1 has also held that the offending vehicle was insured with the insurance Company and the driver of the said vehicle was authorised to drive the vehicle and at the time of accident, he was holding a valid licence and therefore, the Insurance Company is liable to pay the compensation. While deciding issue No. 2, the learned Tribunal has assessed the income of the deceased as Rs. 6,000/- per month and after deducting ?rd of the income against the personal expenses of the deceased, has held that the claimants have suffered loss of dependency to the tune of Rs. 48,000/- per year. While deciding the issue No. 2, the learned Tribunal has found the age of the deceased as 22 years as per post mortem report and has awarded total compensation of Rs. 7,93,000/- to the claimants and fastened the liability of paying the compensation jointly and severally upon ' the driver, owner of the offending vehicle and the insurance Company.
(3.) The Insurance Company has challenged the award only on the ground of quantum of compensation and the learned counsel for the appellant-Insurance Company has argued that the learned Tribunal has assessed the income of the deceased as Rs. 6,000/- per month without there being any evidence and material on record. It has also been contended by the learned counsel for the appellant that the assessment of the income of the deceased by the learned Tribunal is absolutely erroneous and therefore, the findings arrived at by the learned Tribunal, while deciding issue No. 2 are liable to be set aside.;