Sujata Saxena vs Rakesh Kumar - 2022 Supreme(Raj) 1437

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2022 Supreme(Raj) 1437

ANOOP KUMAR DHAND
Sujata Saxena – Appellant
Versus
Rakesh Kumar – Respondent

Advocates appeared:
Bhanu Prakash, Advocate., for the Appellant
R.P. Vijay, Advocate., for the Respondents

JUDGMENT

Anoop Kumar Dhand, J. - The instant appeal has been preferred by the appellants-claimants (for short 'the appellants') against the judgment and award dated 17.02.2016 passed by the Motor Accident Claims Tribunal No. 1, Jaipur Metropolitan, Jaipur (for short 'the Tribunal') in Case No. 1818/12 whereby the claim petition filed by the appellants has been allowed and a compensation of Rs. 9,54,000/- along with interest has been awarded in favour of the claimants.

2. Learned Tribunal after framing the issues and evaluating the evidence on record and after hearing counsel for the parties, decided the claim petition of the appellants as indicated above.

3. Learned counsel for the appellants submits that the deceased was resident of Delhi, while he met with an accident in Rajasthan. Counsel submits that even if the income of the deceased is determined by applying the theory of minimum wages, then also, the Tribunal should have applied the minimum wages prevailing at that time in Delhi.

4. In support of his contentions, he has placed reliance on the judgment of this Court in the case of Ratan Lal Sonwal & Ors. v. Idu Khan & ors. Reported in 2021 (1) RAR 96 (Raj.). Counsel submits that