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2020 Supreme(Jhk) 1123

KAILASH PRASAD DEO
Mangra Khariya @ Mangra Bilung, S/o Late Manai Khariya – Appellant
Versus
Santosh Kumar Gupta, S/o Late Ganesh Pasad Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashutosh Anand, Advocate.
For the Respondent:Mr. Rajiv Anand, Advocate, Mr. Niraj Nayan Mishra, Advocate.

JUDGMENT :

Heard, learned counsel for the appellants and learned counsel for the respondents.

2. Claimants/appellants have preferred this appeal for enhancement of the award dated 29.11.2014 passed by learned Principal District Judge-cum-Presiding Officer, Motor Accident Claim Tribunal, Lohardaga, in Compensation Case No.25 of 2010 whereby the claimants have been awarded a sum of Rs.3,35,100/-under Section 166 of the MV Act (after deducting the amount of ad-interim compensation Rs.50,000/- under Section 140 of the MV Act) along with interest @ 6% per annum from the date of institution till its actual realization, within a period of two months, failing which the same shall be recovered in due process of law, which shall carry penal interest @ 10% per annum from the date of award till its actual realization.

3. Learned counsel for the appellants has assailed the impugned award on following grounds :-

    (i) Learned Tribunal has wrongly considered the income of the deceased-Faguwa Bilung @ Fagua Bilung as Rs.150/- per day, whereas the income of the deceased, who was working as a mason wa

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