ASHA Vs. SURESH KUMAR

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs. 2,92,000/- awarded for the death of Madan Lal, who was aged about 41 years on the date of the accident.

(2.) A Claim Petition was filed by the Appellants under Section 163-A of the Motor Vehicles Act (the Act). The Appellants' grievance is that the deceased was working as a Safai Karamchari in the MCD on Daily Wages. In the absence of any documentary evidence, the Motor Accident Claims Tribunal (the Claims Tribunal) instead of taking the deceased's income of an unskilled worker under the Minimum Wages Act took the notional income of Rs. 30,000/- per annum and computed the loss of dependency as Rs. 2,80,000/-.

(3.) THE Minimum Wages of an unskilled worker on the date of the accident i.e. 17.05.2004 were Rs. 2863/- per month.