Sharifan vs Jahul Kha - 2023 Supreme(Raj) 1668

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1668

NARENDRA SINGH DHADDHA
Sharifan – Appellant
Versus
Jahul Kha – Respondent

Advocates appeared:
Mr. Ram Sharan Sharma, Advocate, for the Appellant; Mr. R. S. Rathore, Advocate, for the Respondent.

ORDER

1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants (for short 'the claimants') dissatisfied with the judgment and award dated 23.03.2022 passed by the Motor Accident Claims Tribunal, Alwar (for short 'the Tribunal') in Claim Case No.491/2018(CIS No.485/2018), whereby the Tribunal has awarded a sum of Rs.10,14,892/- along with interest @ 7.5% per annum from the date of filing of 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 came to the conclusion that the deceased was a skilled labour and his wages has been computed as a skilled labour. Learned counsel for the claimants further submits that the deceased-Mammar Kha @ Mamrej was a driver and his income was Rs.15,000/- per month. So, income of the deceased be calculated as Rs.15,000/- per month. Learned counsel for the claimants further submits income o