Vijay Kumar Vyas, J. - (1.) The appeal has arisen out of award dated 02.01.2007 passed by MACT-cum-ADJ (Fast Track) Bahror (Alwar) in MAC No. 328/2016 (86/2006), whereby an award of Rs. 11,66,730/- was passed in favour of appellants and against the respondents jointly and severely. The appeal has been preferred for enhancement of the award.
(2.) In brief facts of the case are that on 15.12.2005 at 5.30 p.m. Vishwapati Sharma, after doing his duty in Punjab National Bank, Branch Harsora was returning to his village on a motorcycle, a tata sumo No. RJ02/U0165, driven rashly and negligently hit the motorcycle as a result Vishwapati Sharma died on the spot. Legal heirs of the deceased preferred this claim petition for an award of Rs. 84,79,000/-. After hearing the matter, learned Tribunal vide judgment passed the impugned award as stated hereinabove.
(3.) Learned counsel for the appellants submits that when computing loss of income, learned Tribunal has not considered the prospects of future increase in income. In view of future increment in the income the salary per month of the deceased should have been assessed double of the last salary drawn by him. In support, he placed reliance on 1. Smt. Neeta W/o Kallappa Kadolkar and Ors. etc. v. The Divisional Manager MSRTC, Kolhapur, 2015 (1) T.A.C. 340 (S.C.). 2. Vimal Kanwar and Ors. v. Kishore Dan and Ors., MACD 2013 (SC) 169. 3. K.R. Madhusudan (Sri.) and Ors. v. The Administrative Officer and Anr., MACD 2011 (SC) 59. ;