Rekha Devi vs Hari Singh - 2023 Supreme(Raj) 1758

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2023 Supreme(Raj) 1758

ASHUTOSH KUMAR
Rekha Devi – Appellant
Versus
Hari Singh – Respondent

Advocates Appeared:
For the Appellants : Mr.Ravi Singh and Mr. J.P. Gupta Advs.
For the Respondents: Ms. Sweety Mishra, Adv.

ORDER :

(Ashutosh Kumar, J.)

The instant appeal has been filed by the appellants - claimants under section 173 of the Motor Vehicles Act, 1988 against the judgment dated 07.01.2017 (hereinafter to be referred as "impugned judgment") passed by Judge, Motor Accident Claims Tribunal, Kekri (Ajmer) (hereinafter to be referred as the "learned Tribunal") in MAC Case No.142/2014 tilted as Rekha Devi & Ors. v. Hari Singh & Ors.

2. The appellants-claimants submitted a claim petition claiming compensation of Rs.3,40,30,000/-, due to death of deceased - Bablu @ Mahaveer (hereinafter to be referred as "the deceased").

3. Learned Tribunal, by the impugned judgment, has awarded compensation of Rs.14,52,032/- to the appellants-claimants. Aggrieved by the said judgment, the appellants-claimants have filed the present appeal for enhancement of amount of compensation.

4. Learned counsel for the appellants-claimants submitted that the learned Tribunal has assessed income of the deceased Rs.5,434/-, keeping the deceased in the category of skilled labour, whereas on the date of accident, minimum wages of skilled labour was Rs.209/- per day, which should be Rs.6,270/- per month.

5. Learned counsel for t