The main legal point established in the judgment is the computation of compensation in motor accident claims, considering the prevailing wages for unskilled labor and the inclusion of future prospects, as guided by the judgment of the Hon'ble Supreme Court.

JUDGMENT

1. Instant appeal has been preferred by the appellants against the judgment and award dated 13.03.2018 passed by the Court of Motor Accident Claims Tribunal, Jaipur Metropolitan, Jaipur in MAC Case No.586/2015 whereby an amount of Rs.6,70,000/- has been awarded as compensation on account of death of Smt. Kamla Devi.

2. Learned Tribunal after framing the issues, evaluating the evidence and after hearing the counsel for the parties, decided the claim petition of the appellants awarding compensation to the tune of Rs.6,70,000/- to the claimants-appellants.

3. Learned counsel for the appellant submits that by treating the deceased as an unskilled labour, her monthly income has been determined as Rs.5000/- without any basis. He further submits that at that time, as per Government notification issued by the Department of Labour, the prevailing wages of unskilled labour was Rs.189/- per day, so, her monthly income should have been determined as Rs.5670/- per month. He further submits that no amount towards future prospects have been awarded in the light of the judgment of Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi reported in AIR 2017 SC 5157. Learned counsel therefore, prayed that recomputation of the award in the present case may be done in the light of the judgment of Hon'ble Supreme Court in the case of Pranay Sethi (supra).

4. Per contra, learned counsel for the respondent-Insurance Company submits that the learned Tribunal while deciding the claim petition of the appellants has correctly taken into consideration all the factors while calculating the award on the anvil of evidence produced before it. Therefore, award passed by the learned Tribunal does not call for any interference by this Court. However, he is not in a position to controvert the submissions made by counsel for the appellant with respect to recomputation of the award in the present case in the light of the judgment of Hon'ble Supreme Court in the case of Pranay Sethi (supra).

5. I have considered the submissions made at Bar and gone through the judgment dated 13.03.2018 as well as the other relevant documents available on record.

6. Admittedly, the deceased was 38 years of age at the time of accident and she was discharged the functions of an unskilled labour and at the time of accident, the minimum wages prescribed for unskilled labour was Rs.189/- per day. So, her monthly wages comes to Rs.5670/-, as per the Government notification issued by the Department of Labour.

7. Further, the amount tot he extent of 40% towards future prospects is required to be added in the light of the judgment of Hon'ble Supreme Court in the case of Pranay Sethi (supra).

8. Thus, the award is recomputed as under:-

9. In view of the above, the appellants-claimants would be entitled to get a further sum of Rs.3,52,560/-. Insurance company is directed to pay an additional amount of Rs.3,52,560/- within a period of two months from the date of receipt of certified copy of this order. The enhanced amount shall carry 6% interest from the date of filing of claim petition till the actual payment is made.

10. The learned Tribunal shall disburse Rs.50,000/- in the Joint Saving Bank Account of the claimants and the balance amount of the enhanced compensation be invested in any Nati