Court No. - 5

Case :- FIRST APPEAL FROM ORDER No. - 648 of 2022

Appellant :- Deepak Kumar And 2 Others

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

Counsel for Appellant :- Krishna Mohan Rai

Counsel for Respondent :- Noori Ullah

Hon'ble Saral Srivastava,J.

Heard learned counsel for the appellants and Ms. Noori Ullah,

learned counsel for the respondents.

The present appeal has been filed against the award dated

26.08.221 passed by MACT, Firozabad in MACP No.370 of

2016 for enhancement of compensation.

Challenging the award, learned counsel for the appellants has

contended that the accident had taken place on 06.01.2016 and

the deceased was a driver/farmer and it is common knowledge

that in the year 2016, the income of an employee in a private

company was not less than Rs.200/- per day and thus, the

Tribunal should have taken Rs.6,000/- per month as income of

the deceased instead of Rs.4500/- per month. In support of its

case, learned counsel for the appellants has relied upon the

judgement of the Apex Court in the case of Magma General

Insurance Company Ltd. Vs. Nanu Ram alias Chuhru Ram

and Others, 2018 (4) T.A.C. 345.

Per contra, learned counsel for the respondent