NEELAM Vs. GANGA SINGH

JUDGEMENT

(1.) An unfortunate accident, wherein a tractor driven rashly and negligently mowed down a motorcycle, left a family without its breadwinner. The widow and three children of the deceased were before the Motor Accident Claims Tribunal, Gwalior, Madhya Pradesh. The Tribunal computed the monthly income of the deceased at Rs.4,000.00 and awarded a compensation of Rs.6,16,000.00 with interest at the rate of 7 % per annum.

(2.) Before the High Court, an appeal was filed in which modifications were made, enhancing the compensation to Rs.8,26,000.00 based on the decision of the Constitution Bench of this Court in National Insurance Co. Ltd. v. Pranay Sethi[(2017) 16 SCC 680].

(3.) The appellants, the claimants, are before this Court seeking further enhancement of the compensation. The Tribunal adopted Rs.4,000.00 as the monthly income considering the fact that even an unskilled labourer would be entitled to Rs.3,000.00 to Rs.3,500.00per month and since the deceased had a PAN card issued in his name, there could be marginal enhancement.