The court modified the compensation awarded by the Tribunal, adjusting the deceased's income calculation and loss of consortium to ensure fair compensation.

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 15.02.2018 passed by the Motor Accident Claims Tribunal Shahpura, Jaipur (for short 'the Tribunal') in Claim Case No. 187/2014 (NCV No. 1432/2014), whereby the Tribunal has awarded a sum of Rs. 13,23,790/- along with interest @ 9% per annum from the date of filing the claim petition i.e. w.e.f. 05.11.2014 as compensation in favour of the claimants and the amended order dated 20.03.2018 passed by the Tribunal, whereby the Tribunal modified the amount of compensation and awarded Rs. 10,91,572/- instead of Rs. 13,23,790/-.

2. Learned counsel for the claimants submits the Tribunal wrongly considered the income of deceased as Rs. 189/- per day. Learned counsel for the claimants further submits that the deceased was earning Rs. 15,000/- per month by driving as also agriculture and animal husbandry work. Learned counsel for the claimants also submits that the claimants had submitted the jamabandi (Ex.13) in relation to the agriculture land in the name of the deceased. Learned counsel for the claimants also submits that the Tribunal wrongly calculated the income of the deceased for 26 days whereas it should be 30 days. Learned counsel for the claimants also submits that the Tribunal wrongly awarded Rs. 40,000/- towards loss of consortium, 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 submits that the Tribunal rightly came to the conclusion that the claimants failed to adduce cogent evidence that income of the deceased was Rs. 15,000/- per month. So, the Tribunal rightly calculated the income of the deceased as Rs. 189/- per day on the basis of minimum wages prevalent at the relevant point of time. Learned counsel for the Insurance Company also submits that the Tribunal rightly awarded a lumpsum amount of Rs. 40,000/-towards loss of consortium. 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 the claimants failed to adduce cogent evidence that deceased was earning Rs. 15,000/- per month. So, in my considered opinion, the Tribunal rightly calculated the income of the deceased as per minimum wages prevalent at the relevant point of time i.e. Rs. 189/- per day but the Tribunal calculated the income for 26 days, whereas it should be 30 days. The Tribunal also awarded a lumpsum amount of Rs. 40,000/- only towards loss of consortium, whereas it should be Rs. 40,000/- to each claimant. So, judgment and award of the Tribunal is modified to the extent as under:

6. In view of the above, the claimants are enti