SALIKRAM Vs. SOMNATH

JUDGEMENT

(1.) The appellants have filed this appeal under Sec. 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dtd. 6/11/2023, passed in Claim Case No.41 of 2020 by the learned Third Additional Motor Accident Claims Tribunal, Rajnandgaon, whereby the learned Tribunal passed an award to the tune of Rs.8,91,000.00 and directed the Insurance Company to make payment with interest @ 6% per annum on account of death of Lilabai.

(2.) Learned counsel for the appellants would submit that on 31/1/2020, deceased Lilabai and Bimlabai were travelling in a Chhota Hathi, bearing engine No.HLK 6536078, which overturned, resulting in Lilabai sustained grievous injuries and subsequently died during the course of treatment. She would submit that at the time of incident, the age of the deceased was 41 years old and earning Rs.600.00 per day i.e., Rs.18,000.00 per month. However, the learned Tribunal has assessed her monthly income to the tune of Rs.5,500.00, which is on the lower side. She would submit that according to a notification issued by the Labour Commissioner, the minimum wages payable to a semiskilled Labourer as on 31/1/2020 was Rs.9,250.00 per month and thus, the learned Tribunal has assessed the income of the deceased at lower side. She would pray to enhance the compensation accordingly.

(3.) On the other hand, learned counsel for respondent No.6 would submit that the learned Tribunal has passed just and proper compensation and the appeal deserves to be dismissed.