NATIONAL INSURANCE CO. LTD. Vs. SHASHI

JUDGEMENT

(1.) Heard Sri Arun Prakah, learned counsel for the appellant, Sri Amit Kumar Verma for respondent nos. 1 to 5 (claimants) and Sri Hari Nath Chaubey for respondent no. 6.

(2.) It is submitted that by learned counsel for the appellant that there is lacuna in computing wages of the deceased in asmuch as in cross examination owner of the Tractor has deposed that the deceased was called for work as and when required basis and he proved to work for 5-10 days in a month. Therefore, it is submitted that factum of wages has not been used. It is further submitted that learned Claims Tribunal has erred in not considering the fact that registration and fitness of the Tractor in question was also not valid. Its fitness was valid from 3/7/1987 to 2/7/2002 and therefore on the date of accident i.e. 6/7/2013 neither there was registration nor fitness and if Tractor was being driven in violation of the provisions as contained in Motor Vehicles Act, 1988 then Insurance Company is not liable to pay compensation to the claimants.

(3.) Sri Amit Kumar Verma, learned counsel for respondent nos. 1 to 5 (claimants) supports the award and submits that award has been made calculating wages on the basis of minimum wages prevalent at the relevant point of time.