Suresh Kait, J. (Oral)

1. The present appeal is directed against the impugned award dated 19.09.2012, whereby ld. Tribunal has granted compensation for a sum of Rs.13,43,758/- (wrongly typed as Rs.11,81,924/-) with interest @ 7.5% per annum from the date of filing of the petition till realization of the amount.

2. Ld. Counsel appearing on behalf of the appellant submitted that the driver of the offending vehicle was holding fake driving licence on the date of accident. In such eventuality, Ld. Tribunal ought to have exonerated the appellant from any liability. However, Ld. Tribunal directed the appellant / insurance company to deposit the amount and thereafter recover the same from respondent nos. 5 and 6, i.e., driver and owner of the offending vehicle.

3. Ld. Counsel for the appellant further argued that deceased was rickshaw puller and was 43 years of age at the time of accident and stated to be earning Rs.6,000/- per month. Since the proof of income was not filed, therefore, Ld. Tribunal has assessed the income of the deceased as Rs.6,422/- applicable to unskilled persons at the prevalent time as per the Minimum Wages Act. Ld. Counsel further submits that keeping the age