NEW INDIA ASSURANCE CO LTD Vs. RAJNI DEVI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 18.10.2010, passed by the Motor Accident Claims Tribunal, awarding a sum of Rs. 7,68,260/- to the respondents No.1 to 4 on a Claim Petition filed by them for compensation under Section 166 read with Section 140 of the Motor Vehicles Act, 1988.

(2.) THE brief facts relevant for the decision of the present appeal are that on 18.07.2007, one Shri Ram Niwas (hereinafter referred to as "the deceased") was sitting behind a stationary dumper, while the driver of the dumper was changing the tyre of the same. THE alleged offending vehicle, being tempo bearing No. HR-69A-0414, driven rashly and negligently and at a fast speed, came from Haryana side towards GTK Road, Alipur and crushed the deceased.

(3.) I am not inclined to agree with the aforesaid contention of Mr. K.L.Nandwani, the learned counsel for the appellant, as to my mind, there is a basic difference between the Claims Tribunal taking into account the increase in minimum wages and taking into account the future prospects of advancement of the deceased in his career or job, and the fallacy lies in confusing the two.