1. Being dissatisfied with the compensation awarded by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in M.A.C.P. No.300/2003, the appellants have preferred the present appeal for enhancement of compensation.
2. The aforesaid claim petition was preferred in connection with the vehicular accident that took place on 24.04.2003 in which Hanifabai Suleman Jam expired. The Tribunal allowed the claim petition in part by judgment and award dated 17.10.2005 whereby, a total compensation of Rs.2,63,500/- was awarded along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs.
3. The main head under which the appellants have sought enhancement is that the income assessed by the Tribunal is on the lower side. It is submitted that the monthly income ought to have been assessed at Rs.3,300/- considering the documents on record.
4. Having heard both the sides, I find that no cogent documentary evidence was produced on record to prove income of the deceased. It was claimed that the total monthly income of the family of deceased was Rs.4,500/-. In such circumstance, it is difficult to believe that the deceased herself was earning Rs.3,300/- per month when it appears from the record that the husband of deceased was also working as a labourer at the relevant time. Considering the facts of the case and the evidence on record, I am of the view that the compensation awarded by the Tribunal is just, legal and appropriate. I am in complete agreement with the reasonings given by the Tribunal in its award and hence, find no reasons to entertain this appeal.
5. Consequently, the appeal is dismissed. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top