SUREKHA AHIR Vs. MOHAMMAD RAFIK DURRANI

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred under Sec. 173(1) of the Motor Vehicles Act, 1988 against the impugned award dtd. 26/5/2018 in Claim Case No. 45/2017 whereby survivors of the deceased Sanjay Ahir has been awarded an amount of Rs.10,52,800.00.

(2.) Learned counsel for the appellants submits that income which has been taken as Rs.6000.00 by the learned Claims Tribunal should be Rs.7807.00 as per Minimum Wages Act and consortium has been granted only to one survivor whereas as per Magma General Insurance Co. Ltd. v. Nanu Ram & Ors. [(2018) 18 SCC 130], all the survivors, who are wife, son, mother and father, are entitled for the consortium amount. On these submissions, he prays for allowing the appeal by enhancing the award amount.

(3.) Per contra learned counsel for the respondent/insurance company has opposed the prayer and submits that the learned Claims Tribunal has rightly assessed the amount which need not be interfered in this appeal, hence he prays for dismissal of the appeal.