SMT. MANJU DEVI W/O LATE SHRI PRATAP SINGH JI Vs. SHRI DAU SINGH S/O SHRI NAWAL SINGH RAWAT
LAWS(RAJ)-2016-10-69
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on October 27,2016

Smt. Manju Devi W/O Late Shri Pratap Singh Ji Appellant
VERSUS
Shri Dau Singh S/O Shri Nawal Singh Rawat Respondents

JUDGEMENT

VIJAY KUMAR VYAS, J. - (1.) The appeal has arisen out of impugned judgment 28.10.2006 passed by learned Motor Accident Claims Tribunal-cum-Additional District Judge (Fast Track) No. 2, Beawar, in Motor Accident Claim Case No. 704/2005 (Old No. 298/2004), whereby an award of Rs. 6,80,336/- has been passed in favour of appellants and against the respondents, jointly and severally.
(2.) Brief facts giving rise to the appeal are that on 25.5.2004 at about 8.45 at night when deceased Pratap Singh was coming to his village on Motorcycle No. GJ-9F- 4711, a tractor No. RJ-30-R-2602 came from opposite side driven rashly and negligently and hit motorcycle of Pratap Singh, whereby he got injuries and succumbed to the injuries. Claimants are wife and parents of the deceased. They submitted a claim petition before learned Tribunal for compensation of Rs. 36,01,000/-. Learned Tribunal after hearing, passed the impugned judgment as mentioned hereinabove. The instant appeal has been preferred for enhancement of the award.
(3.) Learned counsel for the appellants submitted that while computing the loss of future income, learned Tribunal has erred in deducting contribution towards Armed Forces Provident Fund (Rs.400/-) and contribution towards Army Group Insurance Fund (Rs.500/-) from gross monthly salary of the deceased who was member of Armed Forces. In support, he has placed reliance on Vimal Kanwar and Others v. Kishore Dan and Others, 2013 ACJ 1441 and National Insurance Company Ltd. v. Indira Srivastava and Ors., 2008 ACJ 614.;


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