- (1.) THE appellant, Rajathan State Road Transport Corporation ('RSRTC', for short), is aggrieved by the award dated 24.8.2013 passed by the MACT No.1, Jaipur Metropolitan, Jaipur whereby the learned Tribunal has granted an award of Rs.7,22,000/ - in favour of the claimants -respondents.
(2.) THE brief facts of the case are that on 13.7.1999, Pooran Mal and Suraj, riding on their motorcycle, were going to a showroom situated on Amer Road. When they reached near Ramgarh Mod, suddenly a Roadways bus, bearing registration No.RJ14 -P -3825, being driven rashly and negligently, came and hit the motorcycle. Consequently Pooran Mal suffered grievous injuries; subsequently, he expired. Having lost the sole bread earner of the family, the claimants -respondents filed a claim petition before the learned Tribunal. In order to substantiate their case, they examined two witnesses, and submitted a few documents. In turn, the RSRTC examined a single witness. After going through the oral and documentary evidence, by award dated 1.11.2001, the learned Tribunal granted a compensation of Rs.4,62,000/ - alongwith an interest @ 9% per annum in favour of the claimants -respondents. Since the claimants were aggrieved by the said award, they challenged the same before this court. By order dated 29.10.2012, this court remanded the case to the Tribunal and directed the Tribunal to decide Issue No.4 afresh. Therefore, while deciding issue No.4, by award dated 24.8.2013, the learned Tribunal has enhanced the compensation from Rs.4,62,000/ - to Rs.7,22,000/ - and has granted an interest @ 6% per annum from the date of filing of the claim petition. Hence, this appeal before this court.
(3.) THE learned counsel for the appellant has contended that the learned Tribunal was unjustified in adding 50% of Pooran Mal's income as future income that he may have earned had he been alive. Secondly, according to Second Schedule attached to the Motor Vehicles Act, the learned Tribunal ought to have deducted 1/3rd of the salary amount, as the amount that the deceased would have spent on himself. However, it has deducted 1/4th of the amount.;