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2021 Supreme(Raj) 1616

VINIT KUMAR MATHUR
Leela – Appellant
Versus
Sadhna Kothari – Respondent


Advocates appeared:
P.R. Mehta, Advocate, Jagdish Vyas, Advocate

JUDGMENT

Vinit Kumar Mathur, J. - Heard learned counsel for the parties.

2. The present appeal has been preferred against the judgment and award dated 08.01.2002 passed by Motor Accident Claims Tribunal, Banswara in Claim Case No. 107/1996 whereby the

3. Learned Tribunal awarded a sum of Rs. 1,54,000/- as compensation in favour of the appellants-claimants on account of the death of Rajiya in the accident which occurred on 31.03.1996. Learned Tribunal after framing the issues, evaluating the evidence on record and hearing learned counsel for the parties decided the claim petition of the appellants-claimants.

4. Learned counsel for the appellants submits that the findings of the Tribunal on Issue No.2 and 3, on the face of it, suffer from error as the deceased was stated to be earning Rs.3,000/- per month, whereas the Tribunal had taken into consideration only Rs. 1,500/- as monthly income of the deceased while computing the award. He further submits that it came in the testimony of A.D.1 Smt. Leela that her husband was earning Rs.60 per day by performing the work of Masonry and was earning about Rs.2,000/- per month. In her statement, she also stated that the agricultural income of the


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