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2024 Supreme(Raj) 103

REKHA BORANA
Hem Kanwar, W/o. Late Nawal Singh – Appellant
Versus
Hema Ram, S/o. Simartha Ram – Respondent


Advocates Appeared:
For the Appellant : Mr. S.K. Sankhla.
For the Respondent: Mr. Sunil Vyas, Ms. Kiran for Mr. Vinod Choudhary.

JUDGMENT :

1. The present appeal for enhancement of the award has been preferred against the judgment and award dated 30.8.2018 passed by the learned Judge, Motor Accident Claim Tribunal, Jodhpur Metro, Jodhpur in MACT Claim Case No.207/2016 (4208/2016) whereby the claim petition as preferred by the claimants has been partly allowed and an award for an amount of Rs.9,63,088/- along with interest @ 6% from the date of filing of the claim petition has been awarded in favour of the claimants.

2. The present appeal has been filed on two grounds; firstly, the income as assessed by the learned Tribunal is erroneous and contrary to the evidence available on record and secondly, the amount qua the head of consortium has been awarded only to one of the claimants being the wife of deceased whereas the same ought to have been awarded to the other four claimants too.

3. Learned counsel for the appellants submitted that it was very well proved on record that the deceased was working at two places and was earning Rs.12,000/- per month as a salesman and further Rs.4,200/- as an accountant. Both

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