The court established that compensation calculations must accurately reflect the deceased's income and the claimants' losses, adhering to statutory guidelines.

JUDGMENT :

Narendra Singh Dhaddha, J.

1. The present appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants-claimants (for short ’the claimants’) dissatisfied with the judgment and award dated 23.10.2018 passed by the Motor Accident Claims Tribunal, No.2 (Additional District Judge), Beawar, District Ajmer (for short ‘the Tribunal’) in claim case No.173/2014(222/2013), titled as Moth Singh & Ors. Vs. Dharmendra Singh & Anr.” whereby the Tribunal has awarded a sum of Rs.11,09,482/- along with interest @ 7% per annum from the date of filing the claim petition in favour of the claimants.

2. The Tribunal on the basis of the pleading of the parties, framed the issues and evaluated the evidence on record. After hearing counsel for the parties, decided the claim petition of the claimants and awarded the amount as indicated above.

3. Learned counsel for the claimants submits that the Tribunal has wrongly assessed the income of the deceased as Rs.147/- per day on the basis of minimum wages prevailing at the relevant point of time for an unskilled labour. Learned counsel for the claimants further submits that the Tribunal wrongly considered the income of deceased for 26 days, whereas, it should be for 30 days. Learned counsel for the claimants also submits the Tribunal has wrongly awarded a lump sum amount of Rs.40,000/- towards loss of consortium & love and affection, whereas it should be Rs. 40,000/- towards each claimant. The Tribunal has awarded very meagre amount Rs.5,000/- towards loss of estate, whereas it should be Rs. 15,000/-. So, judgment and award of the Tribunal may be modified accordingly.

4. Learned counsel for the respondent No.2-The Oriental Insurance Company Ltd. (for short ‘the Insurance Company’) has opposed the arguments advanced by learned counsel for the claimants and submitted that the finding of the Tribunal does not suffer from any infirmity or illegality. So, the appeal filed by the claimants be dismissed.

5. I have considered the arguments advanced by learned counsel for the claimants as well as learned counsel for the Insurance Company.

6. It is an admitted position that at the time of accident i.e. 27.11.2012, the deceased was an unskilled labour. Since the claimants did not adduced any oral and documentary evidence with regard to income of the deceased, so the Tribunal has rightly assessed the income of the deceased as Rs. 147 per day prevailing at the relevant point of time for an unskilled labour but the Tribunal has wrongly considered the income of the deceased for 26 days only, whereas it should be for 30 days. The Tribunal has wrongly awarded a lump sum amount of Rs.40,000/- towards loss of consortium & love and affection, whereas it should be Rs. 40,000/- towards each claimant. The Tribunal has awarded very meagre amount of Rs.5,000/- towards loss of estate, whereas it should be Rs. 15,000/-. So, judgment and award of the Tribunal is modified to the extent as under:-

7. In view of the above, the claimants are entitled to get a further sum of Rs.3,35,950/- as compensation. The Insurance Company is directed to deposit enhanced amount of Rs.3,35,950/- (14,45,432-11,09,482) wi