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2021 Supreme(Raj) 273

VINIT KUMAR MATHUR
Gawari Devi – Appellant
Versus
Bharat Bhai Patel – Respondent


Advocates appeared:
Mr. Ravi Panwar, for the Appellant; Mr. Devendra Singh Bhati, Mr. Vinay Kothari, Mr. Anil Kumar Gaur, for the Respondent.

JUDGMENT

1. The service upon respondent No.1 is dispensed at the risk and cost of the appellants.

2. With the consent of the parties, instant appeal is being heard finally.

3. The present appeal has been preferred assailing the judgment and award dated 12.09.2018 passed by Motor Accident Claims Tribunal, Sirohi in Motor Accident Claim Case No.182/2016 whereby the learned tribunal has awarded a sum of Rs. 10,20,000/- as compensation to the appellants-claimants in view of death of Rama Ram in the accident occurred on 10.10.2015.

4. Dissatisfied with the judgment and award dated 12.09.2018 aforesaid, instant present appeal has been filed by the appellants-claimants for enhancement of award.

5. Heard learned counsel for the parties.

6. Learned counsel for the appellants submits that finding arrived at by learned tribunal on issue No.2 is perverse as the tribunal has only considered the deceased Rama Ram as an unskilled labour. He further submits that deceased Rama Ram was holding a valid driving license and he was 39 years of age at the time of the accident, therefore, he should have been considered as a skilled labour as no person of the age of 39 years can remain unskilled. Therefore, comp

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