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2016 Supreme(Raj) 852

ARUN BHANSALI
Durga – Appellant
Versus
Raju – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. M.S. Soni
For the Respondents: Mr. Sanjeev Johari, Mr. K.K. Bhati

JUDGMENT :

Arun Bhansali, J.

This appeal for enhancement has been filed by the claimants aggrieved against judgment and award dated 20.3.1997, passed by the Motor Accident Claims Tribunal, Jodhpur ('the Tribunal'), whereby qua death of one Madanlal, the Tribunal has awarded a sum of Rs. 2,36,000/- along with interest @ 12% per annum from the date of application i.e. 14.7.1993.

2. The application for compensation was filed by wife, two children and parents of deceased Madanlal, who died in accident while driving the motorcycle, which collided with City-Bus No. RJ-19-P-0809. It was claimed that the deceased was working in mines and was earning Rs. 60/- per day and was aged 23 years and based on the said submissions, a compensation to the tune of Rs. 11,25,700/- was sought.

3. On behalf of the claimants, evidence was led, wherein three witnesses were examined. On behalf of the Insurance Company, two witnesses were examined.

4. After hearing the parties, the Tribunal came to the conclusion that there was no rebuttal of the evidence that the deceased was earning Rs. 60/- per day and he was aged 23 years and based on the said aspect, calculated the income of deceased at Rs. 1800/- per month R
















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