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2024 Supreme(Raj) 623

NARENDRA SINGH DHADDHA
Shrawan Kumar Saini, S/o. Ramnath – Appellant
Versus
Lalaram, S/o. Thandaram – Respondent


Advocates Appeared:
For the Appellant : Mr. Kamal Kumar Gupta.
For the Respondent: Mr. V P Mathur, Mr. Vikas Yadav.

JUDGMENT :

Narendra Singh Dhaddha, J.

1. The instant appeals have arisen out of the judgment and award dated 02.08.2019 passed by the Motor Accident Claims Tribunal, Chomu, District Jaipur (for short ‘the Tribunal’) in Claim Case No.143/2017, whereby the Tribunal while partly allowing the claim petition filed by the claimants, has awarded a sum of Rs.9,62,296/- along with interest @7 % per annum from the date of filing the claim petition as compensation in favour of the claimants.

2. CMA No.369/2020 has been filed by the appellants-claimants (for short’ the claimants’) seeking enhancement of compensation awarded by the Tribunal whereas CMA No.5343/2019 has been filed by the Rajasthan State Road Transport Corporation (for short ‘the RSRTC’) challenging the judgment & award passed by the Tribunal on the various grounds.

3. CMA No.369/2020-Learned counsel for the claimants submits that the Tribunal has wrongly assessed the income of the deceased as Rs.5,902/- per month whereas the deceased was earning Rs.15,000/- per month by denting and repairing the vehicles in Shanti Motors. So, the income of the deceased be calculated as Rs.15,000/- per month. Learned counsel for the claimants further

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