NEELAM Vs. BAJAJ ALLIANZ INSURANCE COMPANY LTD

JUDGEMENT

(1.) The present appeal preferred by the claimants under Sec. 173 of Motor Vehicles Act, 1988 seeks enhancement of compensation awarded by the learned Motor Accidents Claims Tribunal vide it's impugned award dtd. 22/3/2022 passed in MACT No. 320/2017.

(2.) The only submission of learned counsel for the appellant is that even though the appellant no. 1 while appearing as PW-8 had categorically stated that her late husband Shri Ashok Kumar, who died in the fatal accident involving the insured vehicle, was carrying out the work of sofa repair in Delhi, the learned Tribunal has erroneously taken into consideration the minimum wages applicable to an unskilled worker in Uttar Pradesh. He contends that once no suggestion was put to her during her cross-examination before the Tribunal that this statement of hers was incorrect, the Tribunal ought to have accepted her stand that her husband was carrying out the work of sofa repairs in Delhi and consequently taken into consideration the minimum wages as applicable in Delhi and not as applicable in the State of Uttar Pradesh, where the appellants reside. Furthermore, even as per the aadhar card of the deceased, he was a resident of Delhi, which aspect has also been ignored by the learned Tribunal.

(3.) On the other hand, learned counsel for the respondent, supports the impugned award by urging that once the appellant did not lead any independent evidence to show that the deceased was working in Delhi, the Tribunal was justified in presuming that he was residing with his family in Uttar Pradesh i.e., where the appellants reside. He therefore contends that the Tribunal was justified in applying the minimum wages as applicable in the State of Uttar Pradesh.