KALITA Vs. KRISHNA

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred under Sec. 173(1) of the Motor Vehicles Act, 1988 against the impugned award dtd. 11/12/2019 passed by Member I Additional Motor Accident Claims Tribunal, Sendhwa (M.P.) in MACC No.31/2018, whereby an amount of Rs.10,78,000.00 has been awarded from the date of filing of claim petition i.e. 06/07/2018 to the appellants/claimants/survivors of the deceased Tukaram Barela with interest @ 7% per annum.

(2.) Learned counsel for the appellant submits that as per the circular issued by the Labour Department of State of Madhya Pradesh under the Minimum Wages Act, income of the deceased was to be assessed even at Rs.7,325.00 per month considering him 'Unskilled Labourer', whereas learned Claims Tribunal has erred in considering the same at Rs.6,000.00 per month only, therefore, the income of the deceased should have been taken at Rs.7,325.00 per month.

(3.) Learned counsel further submits that the learned Claims Tribunal has awarded a meager amount of Rs.40,000.00 only in the head of Loss of Consortium. His contention is that all the survivors should have been awarded Rs.40,000.00 each in the head of Loss of Consortium in the light of para 59.8 of the judgment in the case of National Insurance Company Limited Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680. On these contentions, learned counsel prays for allowing the appeal by enhancing the award amount as prayed for.