JUDGEMENT
GOVERDHAN BARDHAR,J. -
(1.) The present appeal has been filed by the appellant claimants against the judgment and award dated 18.05.2016 passed by the learned Judge, Motor Accident Claims Tribunal, Chittorgarh in MACT Case No. 261/2009 whereby, the claim petition of the claimants has been allowed to the extent of Rs. 2,25,780/- along with interest @ 9% p.a.
(2.) Learned counsel for the appellants submits that in catena of judgments of High Court as well as Hon'ble Apex Court, it has been held that value of domestic services of a lady, rendered towards her home, cannot be ignored and value of such domestic services can be assessed at Rs.5,000/- per month. It is argued that the learned Tribunal has failed to consider this aspect of the case and income of the deceased has been assessed @ Rs. 3,000/- per month only which is apparently on lower side. It is submitted that undisputedly, no evidence has been produced by the respondents to contradict the evidences of the appellant claimants and therefore, the findings in respect of income of the deceased are perverse and contrary to the evidences available on record.
(3.) It is further argued that learned Tribunal has assessed the age of deceased between the age group of 61-65 years whereas, it is clear from the oral evidence on record that the deceased was 50-55 years of age at the time of accident. Even as per postmortem report, the deceased was 60 years of age and therefore, the learned Tribunal ought to have applied the multiplier of 11 but the learned Tribunal has applied the multiplier of 7 only.;
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