Raj Kali vs Central Transport - 2023 Supreme(All) 2632

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2632

SARAL SRIVASTAVA
Raj Kali – Appellant
Versus
Central Transport – Respondent

Advocates appeared:
For the Appellant : Ram Singh, Deepali Srivastava Sinha.
For the Respondent: Avdhesh Chandra Nigam, Namit Srivastava.

JUDGMENT

Saral Srivastava, J.

Heard Sri Ram Singh, learned counsel for the appellants and Sri K.S. Amist and Sri A.C. Nigam, learned counsel for the respondents.

2. The present appeal has been preferred by the claimants/appellants for enhancement of compensation against the judgement and award dated 23.10.2023 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.12, Allahabad in M.A.C.P. No.627 of 2001.

3. Challenging the said award, learned counsel for the appellants has submitted that the Tribunal has erred in holding the income of the deceased to be Rs.2400/- per month. It is submitted that even if, there was no evidence led by the claimants/appellants in respect to the correct income of the deceased, the Tribunal considering the date of accident ought to have taken Rs.3000/- per month as notional income in view of the judgement of the Apex Court in the case of Laxmi Devi and Others v. Mohammad Tabbar and Another , 2008 AICC 915 (SC) .

4. It is further contended that no amount towards future prospect has been awarded by the Tribunal, whereas considering the age of the deceased i.e., 30 years, the claimants/ appellants are entitled to 40% towards future

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