SARASWATI BAI Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal by the claimant under Sec. 173(1) of the Motor Vehicles Act is arising out of the award dtd. 5/2/2021 passed by 5/2/2021 in Claim Case No.03/2019 seeking enhancement of compensation amount awarded by the Tribunal.

(2.) The date of accident, negligence and the issue of liability are not in dispute and the findings recorded by the Tribunal in this regard are also not in question. As per the findings of the Tribunal, for the death of Makhanlal Prajapati, the Tribunal has awarded a total compensation of Rs. 12,11,000.00 along with interest. The breakup of the compensation amount is as under: <IMG>JUDGEMENT_121_LAWS(MPH)12_2023_1.jpg</IMG>

(3.) Learned counsel for the appellants/claimants submits that learned Tribunal has assessed income on the lower side as Tribunal has determined deceased's monthly income as Rs. 6,000.00 per month. Learned counsel after referring to Manusha Sreekumar & Ors. Vs. The United India Insurance Company Ltd. - AIR 2022 SC 5161 and after referring to Circular issued by Labour Commissioner, Indore M.P submits that deceased's income should have been assessed in terms of Circular issued by Labour Commissioner under the Minimum Wages Act i.e. Rs. 7,325.00 per month. Further, learned counsel for the appellants/claimants urged that Hon'ble Apex Court in the case of Magma General Insurance Co. Ltd. Vs. Nanu Ram & others - (2018) 18 SCC 130 , after referring to decision in the case of National Insurance Co. Ltd. Vs. Pranay Sethi - 2017 ACJ 2700 (SC), has awarded consortium @ Rs. 40,000.00 for each claimant. Therefore, it is not correct that in Pranay Sethi (supra), Hon'ble Apex Court has fixed upper limit i.e amount exceeding Rs. 40,000.00 cannot be awarded under the head of consortium.