Koyali Devi vs Vikram - 2024 Supreme(Raj) 1282

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Raj) 1282

NARENDRA SINGH DHADDHA
Koyali Devi – Appellant
Versus
Vikram – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Rakesh Bhargava
For the Respondent: Narendra Kumar Jain

JUDGMENT :

Narendra Singh Dhaddha, J.

1. The present appeal under section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants (for short 'the claimants') dissatisfied with the judgment and award dated 02.07.2015 passed by the Motor Accident Claims Tribunal Kotputli, District Jaipur (for short 'the Tribunal') in Claim Case No. 35/2008 whereby the Tribunal has awarded a sum of Rs. 14,13,000/- along with interest @ 7.5% per annum from the date of filing the claim petition as compensation 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 had wrongly calculated the income of the deceased as Rs. 15,700/- per month. Learned counsel for the claimants further submits that the deceased was an Ayurvedic Doctor and as per the income certificate (Ex.15), he was earning Rs. 18,105/- per month as salary but the Tribunal has wrongly deducted house rent allowance whereas house rent allowance s