The court established that compensation in motor vehicle accident cases must be based on accurate income assessments and proper evidence, as per the M.V. Act.

ORDER

1. Since both the appeals have arisen out of the same judgment and award dated 30.01.2018, hence they are being decided by this common order.

2. Brief facts of the appeals are that on dated 07.04.2014 the deceased Sakruddin @ Shakildudin was going from his house towards Mahwa Kheda to attend a marriage on motorcycle No.RJ-11-SD-7506. At about 7:00 PM, when the motor cycle reached near Lane Ka Pura ahead Purani Chawani, the said motor cycle was hit by Maruti Van No.RJ-11UA-0941. Resultantly, Sakruddin @ Shakildudin sustained injuries. He died on account of said injuries. FIR was lodged at P.S. Sadar Dholpur. Appellants Anisha & Ors. filed a claim petition under Sections 140 and 166 of the M.V. Act. The learned tribunal after hearing both the parties, awarded Rs.12,04,000/- as compensation alongwith interest @ 7% per annum in favour of the claimants.

S.B. Civil Miscellaneous Appeal No. 2030/2018:-

3. Learned counsel for the Insurance Company submits that while passing the award dated 30.01.2018, learned tribunal miserably failed to appreciate the material available on record because alleged accident took place on 07.04.2014, whereas the present FIR was lodged on next day by the brother of the deceased against unknown vehicle. During investigation, the Maruti Van was falsely implicated. Learned counsel for the Insurance Company submits that Investigating Officer recorded the statement of Puttu @ Pratap as the eye witness. The said witness was examined in the criminal trial in which he had not supported the prosecution case and denied that any accident took place before him. So, trial court acquitted the respondent No.6 for the offence under Sections 279 and 304 A IPC. Learned counsel for the Insurance Company also submits that the Insurance Company had filed an application before the learned tribunal for giving time for producing the statement of Puttu @ Pratap and copy of the judgment of the trial court regarding acquittal but learned tribunal dismissed the application filed by the Insurance Company. So, order of the learned tribunal be set aside.

4. Learned counsel for the claimants has opposed the arguments advanced by learned counsel for the Insurance Company and submitted that learned tribunal has rightly dismissed the application filed by the Insurance Company because after giving so many opportunities, Insurance Company did not produce the evidence. Learned counsel for the claimants also submitted that detailed enquiry is not necessary in the claim petition and also submitted that the claimants by way of evidence clearly proved that deceased died due to accident. So, appeal filed by the Insurance Company be dismissed.

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

6. It is an admitted position that during the trial, Insurance Company had not submitted the statement of Puttu @ Pratap and judgment of the criminal court and after giving so many opportunities, the Insurance Company did not adduce the evidence, so, trial court closed their evidence. The claimants by way of evidence clearly proved that deceased died due to accident and charge-sheet was filed against the respondent No.6. So, in my considered opinion, the tribunal has not committed any error in allowing the claim petition filed by the claimants. Thus, present appeal filed by the Insurance Company being devoid of merit, is liable to be dismissed.

S.B. Civil Miscellaneous Appeal No. 1983/2018:-

7. Learned counsel for the claimants submits that claimants in their claim petition clearly pleaded and stated that deceased was earning Rs.12,000/- per month by running a readymade garment shop but learned tribunal wrongly assessed the income of the deceased as Rs.5,000/- per month. Learned counsel for the claimants also submits that at that time as per minimum wages Act, one day wages were Rs.189/-. So, compensation be calculated as per the minimum wages. Learned counsel for the claimants a