JUDGMENT :

PRAVEER BHATNAGAR, J.

1. The instant appeals arise out of the common judgment dated 19.09.2019 passed by the Motor Accident Claims Tribunal, Shahapura, District Jaipur (hereafter referred to as the “Tribunal”).

Facts of the case:

2. S.B. Civil Misc. Appeal No. 315/2020 has been preferred by the appellant Renu Kanwar and others (hereinafter to be referred to as “Legal Heirs of the Deceased”) on account of death of Dhanraj, wherein, learned Tribunal estimated compensation to the tune of Rs.8,88,672/- in M.A.C. Case No. 32/2013.

3. S.B. Civil Misc. Appeal No. 167/2020 has been preferred by the claimant/appellant Mukesh Singh (hereinafter to be referred to as “injured”), wherein, the claim petition was partly allowed and the compensation was granted to the tune of Rs.2,66,312/- in M.A.C. Case No. 31/2013.

4. Both the appellants are dissatisfied with the compensation awarded and have preferred the appeals for enhancement of the claim amount.

5. Learned Tribunal on scrutiny of the entire evidence led before it held that the injured Mukesh Singh sustained injuries and the deceased died in the motor accident on 28.11.2012 and the accident occurred due to rash and negligent driving of the driver of the offending vehicle Jeep bearing registration No. RJ32-UA- 3462. The offending vehicle, on the date of the accident, was insured with respondent No. 3 – Insurance Company, and the Insurance Company was liable to pay compensation to the claimants.

6. Learned Tribunal assessed the income of the injured at Rs.3,822/- per month and awarded a sum of Rs.2,66,312/-, the break up of which is as under:

7. Learned Tribunal also awarded interest @ 9% per annum from the date of filing of the claim petition.

8. In the appeal instituted by the legal heirs of the deceased, learned Tribunal assessed the deceased income as Rs.3,822/- (Rs.147/- per day) per month and assessed the compensation in the following heads:

9. Learned Tribunal also awarded interest @ 9% per annum from the date of filing of the claim petition.

Contentions of Appellants

10. Learned Tribunal has wrongly assessed the income of the injured and the deceased considering them semi-skilled labour by applying the prevalent rates on the date of occurrence as per the Notification of the Labour Department, whereas, the injured was earning Rs.10,000/- per month and the deceased was earning Rs.10,000/- per month but the learned Tribunal discarded the pay certificate Exhibit-132 of injured Mukesh (appellant in CMA No. 167/2020) and Exhibit-135 of Dhan Singh (deceased in CMA No. 315/2012).

11. The award under the head of loss of income is inadequate and the learned Tribunal did not award compensation under the head of future prospects to the injured and compensation awarded to legal heirs under the head of future prospects and loss of consortium is insufficient as per the settled Law.

Analysis

Assessment of Income

12. Whether the learned Tribunal has wrongly assessed the income of the injured and deceased considering them semi-skilled labour by applying the prevalent rates on the date of occurrence as per the Notification of the Labour Department, whereas, the appellant injured was earning Rs.10,000/- per month and deceased was earning Rs.10,000/- per month and despite producing the salary certificates learned Tribunal discarded the testimony of AW-1 and AW-2.

13. On the above fact, learned