The court modified the compensation awarded by the Tribunal, recognizing the need for accurate income assessment and adequate compensation for loss of consortium.

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 15.09.2018 passed by the Motor Accident Claims Tribunal No. 1, Jaipur Metropolitan, Jaipur (for short 'the Tribunal') in M.A.C.T. Case No. 1059/2014, whereby the Tribunal has awarded a sum of Rs. 25,90,000/- as compensation along with interest @ 7% per annum from the date of filing the claim petition in favour of the claimants.

2. Learned counsel for the claimants submits that deceased-Manish Kumar Rawat was running the shop named Rawat Sarees in Purohit Ji Ka Kaithla. As per Income Tax Returns, income of the deceased was Rs. 3,68,683/- per annum but the Tribunal had not considered the Income Tax Returns filed by the claimants and wrongly assessed the income of the deceased as Rs. 15,000/- per month. So, income of the deceased be calculated as per Income Tax Returns. Learned counsel for the claimants also submits that the Tribunal committed an error in awarding lump sum amount of Rs. 40,000/- towards loss of consortium and love and affection, whereas it should be Rs. 40,000/- for each claimant. So, judgment and award of the Tribunal be modified accordingly.

3. Learned counsel for the Insurance Company has opposed the arguments advanced by learned counsel for the claimants and submitted that the Tribunal had not committed any error because after death of Manish Kumar Rawat, Rawat Sarees continued to run the business. So, no loss of income was caused on account of his death. So, the Tribunal rightly calculated the income of the deceased as Rs. 15,000/- per month. He further submitted that the Tribunal rightly awarded lump sum amount of Rs. 40,000/- towards loss of consortium and love and affection. So, appeal be dismissed.

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

5. It is an admitted position that after death of Manish Kumar Rawat, Rawat Sarees continued to run the business. So, in my considered opinion, the Tribunal had not committed any error in assessing the income of the deceased as Rs. 15,000/- per month because no loss of income was caused to the firm on account of death of Manish Kumar Rawat. The Tribunal committed error in awarding lump sum amount of Rs. 40,000/- towards loss of consortium and love and affection, whereas it should be Rs. 40,000/- for each claimant. So, the judgment of the Tribunal is modified to the extent as under:

6. The claimants are entitled to get a further sum of Rs. 80,000/- as compensation. The Insurance Company is directed to deposit enhanced amount of Rs. 80,000/- (Rs. 26,70,000/-Rs. 25,90,000/-) with the Tribunal within a period of two months from the date of receipt of certified copy of this order. On deposition of the said amount, the claimants shall be entitled to withdraw the same. The enhanced amount shall carry @ 7% interest per annum from the date of filing of claim petition till the actual payment is made.

7. In the result, the appeal filed by the claimants is partly allowed.

8. Rest part of the impugned j