R.S.CHAUHAN, J. - (1.) The Insurance Company is aggrieved by the award dated 10.12.2010 passed by Motor Accident Claims Tribunal, Ajmer, whereby the learned Tribunal has granted a compensation of Rs. 10,65,000/- to the claimant-respondents along with an interest of 6% per annum from the date of filing of the claim petition.
(2.) Brief facts of the case are that on 16.12.2009 around 10.00 PM, Sanjay Kumar (the deceased for short) was riding his motorcycle. When he reached near Petrol Pump No.9, Police Station Alwar Gate, Ajmer, his motorcycle was hit by a car coming from the opposite side, bearing registration No.RJ01-CB-2101, being driven rashly and negligently. Consequently, he sustained grievous injuries; subsequently, he died. Since the claimant-respondents lost their husband, father, son and brother, they filed a claim petition before the learned Tribunal. In order to prove their case, the claimant-respondents examined a single witness, namely, Shanu, wife of the deceased - the respondent No.1, and submitted certain documents. On the other hand the Insurance Company neither examined any witness, nor submitted any document. After going through the oral and documentary evidence, the learned Tribunal has granted a compensation as aforementioned. Hence, this appeal.
(3.) Mr. Virendra Agrawal, the learned counsel for the appellant has vehemently contended that the learned Tribunal has erred in assessing the monthly income of the deceased as Rs. 6,000/-, although there was no evidence to prove this fact. Secondly, that instead of deducting one-third of the income, as the amount the deceased would have spent upon himself, the learned Tribunal has deducted one-fifth of the amount while assessing the dependency. Hence, the compensation awarded is excessive.;