VIRENDRA KUMAR MATHUR, J. - (1.) This misc. appeal under Section 173 of the Motor Vehicles Act has been filed against the judgment and award dated 29.11.2002 passed by the learned Judge, Motor Accident Claims Tribunal-I, Jodhpur in Motor Accident Claim Case No.56/1998 whereby the claim petition was partly allowed.
(2.) Briefly stated the facts of the case are that a claim petition was filed by the appellants-claimants before the learned Motor Accident Claims Tribunal, Jodhpur claiming compensation under various heads for a sum of Rs.37,50,000/- on account of death of Mohd. Akbar, husband of appellant-claimant No.1, father of appellants-claimants Nos.2 to 4 and son of appellants-claimants Nos.5 and 6 in an accident, which took place on 13.11.1997.
(3.) It was averred in the claim petition that at the relevant time, the deceased was a young and healthy person of 28 years of age and he was working at M/s. Ajad Abrasive Granites on the post of Sales Manager and his monthly salary was Rs.3,500/- and in addition to the aforesaid work, he used to undertake the work of contractorship/Mistri on part time basis and thereby he used to earn Rs.1,800/- per month. As such, the total income of the deceased at the relevant time was Rs.5,300/- pet month. It was further pleaded that the appellants-claimants were wholly dependent on the income of the deceased and as such the compensation was claimed as pleaded in the claim petition under various heads.;