NIRMALA(SMT.) Vs. FAZAL KHAN

JUDGEMENT

(1.) AS the question involved in both these appeals are identical and as they arise out of the same accident, they are being disposed by this common order.

(2.) THE claimants in claim case No. 15 of 1999 and claim case No. 20 of 1999 aggrieved by the award passed by the Second Motor Accidents Claims Tribunal, Gwalior have filed these appeals seeking enhancement of compensation.

(3.) SHRI Aran Sharma, learned counsel for the appellants in both the appeals taking me through the evidence and the material available on record argued that the claimants have proved that the daily income of the deceased persons, Shreekrishna and Lallo Singh to be Rs. 200/- per day each and ignoring this valuable evidence, finding recorded is that they are only mazdoor and not skilled workers employed in fixing of marble which is a perverse finding and hence enhancement of the compensation is sought for.