SANJAY VERMA Vs. NEW INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) Claimants/appellants have preferred the instant First Appeal From Order under Section 173 of the Motor Vehicles Act for enhancement of compensation awarded by learned Motor Accident Claims Tribunal/Additional District Judge, Court No.2, Ballia, vide its award dated 14.2.2012 passed in MAC Case No.79 /2011, on the ground that income of deceased has wrongly been assessed on notional basis at Rs.15,000/- per annum, whereas the claimants have categorically stated in their claim petition that the deceased was earning Rs.3000/- per month through domestic work.

(3.) Learned Counsel for the appellant has contended that the compensation awarded by the Tribunal is not just and adequate compensation. The Tribunal fell into error in assessing the income of the deceased as Rs. 15000/- per anum, which is a paltry sum. According to him, even a housewife can earn Rs. 100/- per day through domestic work and this very aspect of the matter has been ignored by the court below.