SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Raj) 2439

ANOOP KUMAR DHAND
Mumtaj – Appellant
Versus
Punji Lal Yadav – Respondent


Advocates appeared:
Mr. Prashant Sharma and Mr. Jaip Prakash Gupta, for the Appellant
Ms. Sweety Mishra, Mr. Deshraj Kalwania, for the Respondent.

ORDER

1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants against the judgment and award dated 20.07.2011, passed by the Motor Accident Claims Tribunal-cum-Additional District Judge (Fast Track Court No.1), Beawar (for short 'Tribunal') in MAC Case No.36/2011 (163/2010), whereby, the Tribunal has awarded a sum of Rs. 4,55,000/- on account of death of Sharif Mohammad, which occurred on 08.09.2009.

2. Learned Tribunal after framing the issues, evaluating the evidence available on record and hearing both the sides, decided the claim petition of the appellants and awarded compensation of Rs.4,55000/- under various heads.

3. Learned counsel for the appellants submitted that deceased was aged about 40 years at the time of accident and he was working as 'Mistri' which falls within the definition of skilled labour and at the prevalent time, the minimum wages of skilled labour was Rs.115/- per day i.e. Rs.3450/- per month. While the learned Tribunal has assessed the income of the deceased as Rs.3000/- only without any basis.

4. Counsel for the appellant further submitted that the number of dependants were eight and as per the principles l

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top