The court modified the compensation awarded by the Tribunal, emphasizing the need for adjustments in future prospects and other compensatory heads while upholding the Tribunal's findings on negligence and income assessment.

JUDGMENT :

Narendra Singh Dhaddha, J.

1. The instant appeals have arisen out of the judgment and award dated 04.09.2017 passed by the Motor Accident Claims Tribunal, Sikar (for short 'the Tribunal') in Claim Case No. 599/2013 titled as "Prem Kanwar & Ors. v. Rakesh & Ors.", whereby the Tribunal while allowing the claim petition, has awarded a sum of Rs. 11,78,684/- along with interest @ 7% per annum from the date of filing of the claim petition as compensation in favour of the claimants-appellants (for short' the claimants').

2. CMA No. 5871/2017 has been filed by the Shriram General Insurance Company Private Limited (for short 'the Insurance Company') challenging the judgment & award passed by the Tribunal on the various grounds, whereas CMA No. 6077/2017 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal.

CMA No. 5871/2017:-Learned counsel for the Insurance Company submits the judgment and award dated 04.09.2017 passed by the Tribunal is absolutely illegal, without jurisdiction and contrary to the facts of the case. Learned counsel for the Insurance Company further submits that AW-2 Gulab Singh in his evidence did not corroborate the fact that the accident took place at place 'X' in the site plan, despite that, the Tribunal wrongly held the respondent No. 5(Driver of the Truck) negligent in causing an accident. Learned counsel for the Insurance Company further submits that the car driver was also negligent while driving the vehicle. So, liability fastened by the Tribunal be divided 50% on the insurance company of the truck for the negligence of the driver and 50% on the insurance company of the car's driver. Learned counsel for the insurance company also submits that the Tribunal has awarded the quantum on higher side. So, looking to the facts and circumstances of the case, judgment and award dated 04.09.2017 passed by the Tribunal be modified accordingly.

CMA No. 6077/2017:- Learned counsel for the claimants submits that the Tribunal has wrongly assessed the income of the deceased as Rs. 14,613/- per month. As per evidence of the claimants, income of the deceased was more than Rs. 14,613/- per month. Learned counsel for the claimants also submits that Tribunal wrongly deducted 1/3rd amount from the income of the deceased for his personal expenses, whereas looking to the number of dependents, it should be 1/4th. Learned counsel for the claimants further submits that the Tribunal has not awarded any amount towards the future prospects. The Tribunal awarded very meagre amount towards love and affection and loss of consortium. The Tribunal has not awarded any amount towards loss of estate. So, the judgment and award dated 04.09.2017 passed by the Tribunal be modified.

3. I have considered the arguments advanced by learned counsel for both the parties.

4. While deciding the claim petition filed by the claimants, the Tribunal has rightly decided the issue No. 1 regarding negligence of the respondent No. 5(Driver of Truck). So, in my considered opinion, the car driver is not liable for the accident. Since the deceased was a retired Government Servant and was getting Rs. 8613/- per month pension and was also getting Rs. 6,000/- per month while working as a security guard, the Tribunal has rightly assessed his income as Rs. 14,613 /- per month. Since the claimant No. 3-Sunita is a married daughter of the deceased, therefore the Tribunal has rightly considered 3 persons as dependents of the deceased and rightly deducted 1/3rd amount from the income of the deceased. The Tribunal while passing the judgment has not awarded any amount towards future prospects. As per the age of the deceased i.e. 56 years, the claimants are entitled to get 10% amount towards future prospects of the income of the deceased. The Tribunal has only awarded a lump sum amount of Rs. 1,00,000/- towards love and affection as well as loss of consortium, whereas it should be Rs. 40,000/- to each claimant. The Tribunal has awarded am