MEENA Vs. SOMVIR

JUDGEMENT

(1.) THE present appeal is preferred against the impugned award dated 14.08.2010 whereby the learned Tribunal has granted compensation for a sum of Rs.11,48,176/ - with interest at the rate of 7.5% per annum from the date of filing the petition till realization of the amount

(2.) VIDE the present appeal, the appellants/claimants are seeking enhancement of the compensation amount as noted above.

(3.) LEARNED counsel appearing on behalf of the appellants/ claimants has argued that the deceased was a driver and earning his livelihood by driving the Tempo, which met with an accident with the offending vehicle. The claimants have failed to prove the salary of the deceased. However, despite the fact that the deceased was a driver, while calculating the loss of dependency, as per the Minimum Wages Act, 1948, the learned Tribunal has assessed his monthly salary as Rs.5,278/ - applicable to an unskilled workman at the relevant time.