Punam Devi vs Shri Dharampal - 2021 Supreme(Raj) 2352

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2021 Supreme(Raj) 2352

VINIT KUMAR MATHUR
Punam Devi – Appellant
Versus
Shri Dharampal – Respondent

Advocates appeared:
Mr. Bharat Singh, for the Appellant; Mr. Rajesh Choudhary, for the Respondent.

ORDER

1. At the request of the learned counsel for the appellants, service upon respondents No.1 and 2 is dispensed with at his own risk and cost.

2. With the consent of the learned counsel for the parties, the matter is being heard and decided finally.

3. The present appeal has been preferred by the claimants-appellants against the judgment and award dated 1.5.2017 passed by the Motor Accident Claims Tribunal, Ratangarh in Motor Accident Claim Case No.36/2014, whereby the learned Tribunal after framing of the issues, evaluating the evidence and hearing learned counsel for the parties, awarded a sum of Rs.9,04,000/- in favour of the claimants on account of death of one Shyam Lal in an accident which occurred on 23.10.2014.

4. Learned counsel for the claimants-appellants submits that the finding recorded by the Tribunal on issue No.4 is erroneous as it was brought on record before the Tribunal that the deceased was earning Rs.600/- per day. Even the employer of the deceased, who appeared in the witness box as AW-5, submitted that the deceased was being paid Rs.600/- per day as he was a very efficient mason performing the construction work. He therefore, submits that while calculating th