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2024 Supreme(Raj) 644

NARENDRA SINGH DHADDHA
Moth Singh S/o Kan Singh – Appellant
Versus
Dharmendra Singh S/o Kalu Singh Chauhan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ravi Singh, Adv. on behalf of Mr. Jai Prakash Gupta, Adv.
For the Respondent: Mr. Rajeev Bhushan Bansal, Adv.

JUDGMENT :

Narendra Singh Dhaddha, J.

1. The present appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants-claimants (for short ’the claimants’) dissatisfied with the judgment and award dated 23.10.2018 passed by the Motor Accident Claims Tribunal, No.2 (Additional District Judge), Beawar, District Ajmer (for short ‘the Tribunal’) in claim case No.173/2014(222/2013), titled as Moth Singh & Ors. Vs. Dharmendra Singh & Anr.” whereby the Tribunal has awarded a sum of Rs.11,09,482/- along with interest @ 7% per annum from the date of filing the claim petition in favour of the claimants.

2. The Tribunal on the basis of the pleading of the parties, framed the issues and evaluated the evidence on record. After hearing counsel for the parties, decided the claim petition of the claimants and awarded the amount as indicated above.

3. Learned counsel for the claimants submits that the Tribunal has wrongly assessed the income of the deceased as Rs.147/- per day on the basis of minimum wages prevailing at the relevant point of time for an unskilled labour. Learned counsel for the claimants further submits that the Tribunal wrongly considered the income of dece

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