Order

03/03/2025

1. The present misc. appeal has been filed by the appellants- claimants seeking enhancement of the compensation amount awarded vide Judgment and Award dated 24.04.2018 passed by the Motor Accident Claims Tribunal, Gulabpura, Dist. Bhilwara in MAC Case No.90/2014.

The learned Tribunal, vide impugned judgment/award dated

24.04.2018 awarded a sum of Rs.51,23,300/- in favour of the claimants alongwith interest @9% per annum on amount of Rs.41,12,610 from the date of filing of claim petition i.e.

22.09.2014.

2. Learned counsel for the appellants-claimants raised two grounds: first, the learned Tribunal erred in considering the age of deceased as 47 years on the date of accident whereas the deceased was 40 years of age as per the postmortem report (Exhibit 14). Second, learned Tribunal committed a significant error in its adjudication by awarding compensation under the head of ‘Consortium’ only to the wife of deceased and not to other claimants.

3. Counsel appearing for the respondent-Insurance Company submitted that the learned Tribunal rightly considered the age of the deceased as 47 years as mentioned in the ITR (Exhibit 16 to 18) filed by the deceased. However, he could no