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KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Malti Pandey – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Ram Singh, Amit Kumar Singh.
For the Respondent: Nagendra Kumar Srivastava

JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Sri Ram Singh, learned counsel for the appellant, Sri N.K. Srivastava, learned counsel for the respondent assisted by Ms. Anubha Gutpa, learned Advocate and perused the record.

2. This appeal, at the behest of the claimants, challenges the judgment and award dated 30.7.2015 passed by the Motor Accident Claims Tribunal/District Judge, Banda (hereinafter referred to as 'Tribunal') in M.A.C.P No.114/70 of 2012 awarding a sum of Rs.5,52,210/-as compensation with interest at the rate of 7%.

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is also not in dispute. The only issue to be decided is the quantum of compensation awarded.

4. The accident took place in the year 2012. The deceased was 38 years of age and was qualified to be a teacher, he was B.A., B.Ed and was doing Vishist B.T.C. Training and was having agricultural land. Despite all these qualifications, the Tribunal has considered his income only Rs.3000/-per month, which according to Sri Ram Singh, learned counsel for the appellant should be at least Rs.10,000/-per month. The Tribunal has given reasoning that the appellants have not proved the income

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