ATUL KUMAR JAIN, J. - (1.) THIS appeal has been filed by the claimants Smt. Shanti Devi and others for enhancement of the award dated 5.8.2010 passed by Motor Accident Claims Tribunal (Addl. District Judge (FT) No.7, Jaipur City, Jaipur) in Claim case No.285/2005 (565/2003).
(2.) I have heard arguments of learned counsel for both the parties. Respondent Insurance Company has strongly opposed the appeal.
(3.) APPELLANTS rely upon following rulings: - (1) Kalpanaraj and Ors. Vs. Tamil Nadu State Transport Coporation, 2014 ACJ 1388 Income Tax return of immediate preceding year was held sufficient for determination of income of the deceased. (2) Meena Saboo (Smt.) and Ors. Vs. Shri Bhagwan Singh and Anr., 2011 R.A.R. 123(Raj.) In this case also income at the time of death was held relevant and income of previous years was not considered for calculation of claim. (3) New India Assurance Co. Ltd. Vs. Alpa Rajesh Shah and Ors., 2014(3) (Bom.) 1413 In this case also income at the time of death and not the average income of past five years was held relevant for calculation of the award amount. (4) Rajesh and Ors. Vs. Rajbir Singh and Ors, 2013 ACJ 1403 - Three Judges Bench In this case, minimum Rs. One Lac towards loss of consortium and Rs.25000/ - for funeral expenses were advised to be paid while passing award in motor accident claim. This view was followed by the Apex Court in 2014 A.C.J 1388 also. (5) Santosh Devi Vs. National Insurance Co. Ltd. and Ors, 2012 ACJ 1428 (decided by two Judges Bench on 23.4.2012) In this case, formula for increase of income considering future prospects adopted for persons in permanent Job in Sarla Verma Vs. Delhi Transport Corporation, 2009 ACJ 1298 was held not applicable to persons who were self employed or were engaged on fixed wages.;