SARIKA Vs. RAVINDRA PAL

JUDGEMENT

(1.) The miscellaneous appeal under section 173(1) of the Motor Vehicles Act, 1988 has been filed challenging the impugned award dated 20. 12. 2017 passed in claim case No. 144/2017 by II Motor Accidents Claims Tribunal, Kukshi, District Dharz.

(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: on 26. 02. 2017 deceased Dharmendra was returning from Dahi, reached near Badvanya Sakri Mohalla, the offending vehicle bearing registration No. MP11-MS-7992 rashly and negligently driven by the driver dashed the motorcycle from front side, as a result, the deceased (Dharmendra) had suffered grievous injuries on various parts of the body and died during the course of treatment.

(3.) Learned counsel for the appellants while taking exception to the impugned award submits that the tribunal has committed error of fact while assessing income of the deceased as Rs. 3,000/-. He further submits that the deceased was a poor labourer but continuously engaged. The present minimum wages fixed by the Govt. of M. P. through notification for unskilled labourer is near about Rs. 250/- per day. The oral evidence has been placed on record indicating salary of the deceased as Rs. 400/- per day. There is no evidence to the contrary on record. Hence, in all fairness, the tribunal ought to have considered the income of deceased at least Rs. 7,000/- per month. Learned counsel also submits that the tribunal has committed grave error of law having not awarded future prospects as 40% of the wages earned by the deceased, hence, the finding of the tribunal in that regard is perverse. Further, under the compensation awarded is meager and on the lower side on various heads and even future prospects of the deceased have not been awarded appropriately. Hence, the compensation has to be enhanced.