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2023 Supreme(MP) 896

ACHAL KUMAR PALIWAL
Dalsingh S/o Pema Banjara – Appellant
Versus
Mohd. Gulfam S/o Mohd. Gulshan Musalman – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SHRI MANISH JAIN
For the Respondent: SHRI MAYANK UPADHYAY

ORDER :

This appeal by the claimants under section 173(1) of the Motor Vehicles Act is arising out of the award dated 30.09.2015 passed by Additional Member MACT, Neemuch in Claim Case No.67/2014 seeking enhancement of compensation amount awarded by the Tribunal.

2. The date of accident, negligence and the issue of liability are not in dispute and the findings recorded by the Tribunal in this regard are also not in question. As per the findings of the Tribunal, for the death of Prahlad, the Tribunal has awarded a total compensation of Rs.6,07,000/- along with interest.

3. Learned counsel for the appellants/claimants submits that Tribunal has assessed the monthly income of the deceased as Rs.3,000/- which is on lower side. Tribunal has held deceased to be unskilled labour, therefore, monthly income of deceased should have been assessed/determined as per circular/notification issued under the Minimum Wages Act, 1948/Guidelines issued by M.P.State Legal Services Authority. In this connection learned counsel for the appellants/claimants has relied on the judgments in the case of Sapna

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