The assessment of compensation for a deceased's income should be based on evidence and in accordance with relevant legal provisions, and claims for higher compensation should be supported by sufficient proof.

JUDGMENT

1. This appeal has been preferred by the appellants-claimants against the award dated 17.03.2018 passed by the learned Motor Accident Claims Tribunal, Shahpura, District Jaipur (for brevity "learned Tribunal") whereby, allowing the claim petition in part, an award of Rs. 7,32,930/-, has been passed in favour of the appellants.

2. Assailing the findings of the learned Tribunal qua Issue No.3, learned counsel for the appellants contended that the learned Tribunal has erred in assessing the monthly income of the deceased as Rs.3510/- i.e. the minimum wages payable to unskilled labour ignoring that the deceased was skilled labour.

3. Relying on the judgment of the Hon'ble Apex Court of India in case of Laxmidhar Nayak & Ors. Vs. Jugal Kishore Behera & Ors.r 2018 (1) ACTC (SC) 5, he contended that the minimum income of Rs. 4500/- per month should have been assessed by the learned Tribunal for arriving at just and reasonable compensation. Learned counsel referred the judgment of this Court in case of Jalaur Singh & Dilawar Singh & Anr. Vs. Barkat & Ors. decided on 26.03.2012 in S.B. Civil Misc. Appeal No. 6562/2011 to contend that the learned Tribunal should have assessed the monthly income of the deceased taking into consideration the working days as 30 instead of 26. He contended that in the aforesaid circumstances, the compensation be suitably enhanced.

4. Opposing the prayer, it is contended by learned counsel for the respondent No.3 that the learned Tribunal has assessed just and fair compensation payable to the claimant on the basis of material on record which does not require any interference by this Court in its appellate jurisdiction.

5. Heard learned counsels for the parties and perused the record.

6. The appellants did not produce any evidence to show that the deceased was skilled labour. Smt. Kripa Devi-AW-1, wife of the deceased has categorically admitted during course of her cross-examination that no documentary evidence as to income or occupation of the deceased has been produced on record. As per the Minimum Wages Act, the minimum wages payable to an unskilled labour at the relevant time was Rs. 3510/- per month and the learned Tribunal has committed no error in taking the same to be monthly income of the deceased. The reliance placed by the learned counsel for the appellants on the judgment of Laxmidhar Nayak (supra) is misconceived in as much as therein it was established from the evidence on record that the deceased was agricultural labour and the Tribunal has assessed her income @ Rs.25/- per day without even taking into consideration the future prospects; whereas, in the present case, monthly income of the deceased has been assessed as per the minimum wages fixed by the competent authority and suitable compensation has also been awarded keeping in view the future prospects of the enhancement in monthly income of the deceased.

7. In these circumstances, the judgment rendered by the Hon'ble Apex Court of India in case of Laxmidhar Nayak (supra) is of no help to the appellants. Similarly, the judgment of this Court in case of Jalaur Singh @ Dilawar Singh (supra) is of no assistance in as much as therein the monthly income of the deceased was assessed taking the minimum wages of per day multiplied by 26 days; whereas, in the present case, the minimum wages fixed for a month has been taken to be the monthly income of the deceased.

8. In the aforesaid circumstances this Court finds no illegality in the award passed by the learned Tribunal.

9. Resultantly, the appeal is dismissed being devoid of merit.