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2022 Supreme(SC) 1804

SURYA KANT, J. B. PARDIWALA
Meena – Appellant
Versus
Magma Hdi General Insurance Company Limited – Respondent


Advocates Appeared:
Mr. Binay Kumar Jha, Advocate, Mr. K.N. Jha, Advocate, Dr. Nirmal Chopra, Advocate, for the Appellant; Mr. Ved Vyas Tripathi, Advocate, Mr. Umang Tripathi, Advocate, Mr. Navin Prakash, Advocate, for the Respondent.

ORDER

1. Leave granted.

2. The appellant - claimant is aggrieved by the order dated 22.08.2019 passed by the High Court of Punjab and Haryana at Chandigarh whereby the compensation amount of Rs.16,76,420/-, awarded by the Motor Accident Claims Tribunal, Narnaul (for short, 'the Tribunal'), has been reduced to Rs.14,35,200/-. The High has reduced the amount of compensation on the premise that the minimum wages of an unskilled labourer in the State of Haryana, at the time of accident, were Rs.5,341/- per month.

3. The above-stated reason assigned by the High Court appears to be incorrect for the reason that the Tribunal has referred to Notifications-cum-Circulars issued by the State Government from time to time in respect of minimum wages and based thereupon, the monthly income of the deceased was assessed at Rs.6,760/- per month.

4. The Tribunal has categorically observed that the State Government has been issuing Notifications from time to time fixing the minimum wages of the daily wagers and taking into consideration such Notifications, the Tribunal was of the view, and rightly so, that the income of the deceased Sanjay was Rs.6,760/- per month.

5. We are, thus, inclined to accept the

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