USHA BAI Vs. KALE KHA

JUDGEMENT

(1.) Feeling aggrieved by the impugned award dtd. 17/5/2019 passed in Claim Case No. 57/2018 (Ushabai & Anr. vs. Kale Khan & Ors.) whereby an amount of Rs.6,34,800.00 has been awarded by the learned Claims Tribunal.

(2.) Learned counsel for the appellants submits that income of the deceased has been guessed to Rs.4000.00 per month only whereas if the circular prevailing under Minimum Wages Act on the date of accident has been taken into account, income should have been Rs.6,474.00 per month. He further submits that looking to the age of the deceased 20 years and was bachelor, 40% of the income should have been awarded in the head of future prospects and 1 & 1/2 will be deducted in the head of personal expenses as directed in the case of Smt. Sarla Verma Vs. Delhi Transport Corporation, (2009) 6 SCC 121. On these submissions, learned counsel prays for enhancement.

(3.) Per contra, learned counsel for the respondent-Insurance Company opposed the prayer on the ground that looking to the facts and circumstances of the case and evidence available on record, the order has been passed which cannot be said to be on lower side, hence prays for dismissal of the appeal.