Court No. - 5

Case :- FIRST APPEAL FROM ORDER No. - 543 of 2022

Appellant :- Aneeta And 4 Others

Respondent :- United Insurance Co. Ltd. And 2 Others

Counsel for Appellant :- Krishna Mohan Rai

Counsel for Respondent :- Vipul Kumar

Hon'ble Saral Srivastava,J.

1. Heard learned counsel for the appellants and Sri Vipul

Kumar, learned counsel for the respondents.

2. The claimants/appellants being dissatisfied with the quantum

of compensation have preferred the present appeal with a prayer

for enhancement of compensation.

3. Learned counsel for the claimants/appellants has raised the

only contention that the Tribunal has erred in computing the

computation by taking the income of the deceased as Rs.4500/-

whereas the deceased was driver and was earning Rs.10,000/-

per month and even if there was no proof of income of the

deceased, the Tribunal ought to have taken Rs.6,000/- in place

of Rs.4500/- for computing the compensation in view of the

judgement of Apex Court in the case of Magma General

Insurance Company Ltd. Vs. Nanu Ram alias Chuhru Ram

and others 2018 (18) SCC 130.

4. Per contra, learned counsel for the respondents submits that

compensation awarded by the Trib