JUDGMENT :

Praveer Bhatnagar, J.

This is the claimants' appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Hindauncity (Additional District and Sessions Judge No.1, Hindauncity) (for short "the Tribunal") vide award dated 19.09.2017 passed in M.A.C. Case No.07/2015.

2. Brief facts of the case are that on 12.11.2014 at about 05:00 PM Vijay Singh alongwith his elder brother Gyan Singh, as pillion rider, on Motor Cycle bearing registration No. RJ34-SF-3724, was coming from Padampura to his village Longtipura; a Motor Cycle bearing registration No. RJ34-SF-9412, being driven rash and negligently, hit the Motor Cycle No. RJ34-SF-3724, resulting in Vijay Singh sustained injuries on his head and pillion rider Gyan Singh sustained injuries on his leg; thereafter Vijay Singh was taken to the Hospital, from where, he was referred to Sawaiman Singh Hospital, Jaipur and on 14.11.2014 during the treatment Vijay Singh died; an FIR was lodged at Police Station Balghat.

3. A claim petition to this effect was filed by the claimants for award of compensation. Notices to the claim petition were issued to the respondents, to which, the respondents contested the claim petition by filing reply and denied the averments contained in the claim petition.

4. On the basis of the pleadings the Tribunal famed as many as five issued and recorded the evidence adduced by the parties. On behalf of claimants Tejpal himself got examined as AW-1 and Mahendra Singh as AW-2 and Sugar Singh as AW-3 were examined and certain documentary were exhibited as Exhibits-1 to 27.

5. On the other hand, respondent Insurance Company did not produce any evidence and driver of the offending vehicle respondent No.1 was examined as NAW-1.

6. The Tribunal after hearing the parties, vide judgment and award dated 19.09.2017 while partly allowing the claim petition has awarded a sum of Rs. 7,59,000/- as compensation in favour of the appellants.

7. The Tribunal on scrutiny of the entire evidence led before held that deceased Vijay Singh died due to injuries suffered in the motor accident on 12.11.2014 and the accident occurred due to rash and negligent driving of driver of the offending vehicle. As the offending vehicle, on the date of the accident, was insured with the respondent No.3 - Insurance Company, the Insurance Company was liable to pay compensation to the claimants.

8. The Tribunal assessed the income of the deceased at Rs.4,000/- per month and by applying a multiplier of 17 computed the compensation of Rs.6,12,000/- towards the loss of income and awarded a sum of Rs.7,59,000/-, the break up of which is as under:-

9. The Tribunal also awarded interest @ 6% per annum from the date of filing of the claim petition.

The appellant has challenged the impugned award on the following grounds:

(A) The Tribunal has wrongly assessed the income of the injured, whereas, the injured was earning Rs.14,000/- per month.

(B) The interest awarded to the tune of 6% per annum is inadequate and the claimants are liable to get 18% interest on the awarded money.

(C) Learned counsel for the appellants also contended that the Tribunal did not award any compensation under the head of future prospects and loss of estate and further the compensation awarded under the head of loss of consortium and funeral expenses is inadequate.

10. Learned counsel for the Insurance Company justified the compensation awarded to the appellants under various heads and prayed for dismissal of the appeal.

Analysis:-

Assessment of Income

11. On the above fact, the claimants failed to prove his monthly income as Rs.14,000/- per month. Apart from oral evidence, no credible proof was produced indicating his income a