PARAMJIT KOUR Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) The claimants/appellants, who are the legal heirs of the deceased- Bachan Singh, have filed this appeal against Award dtd. 4/7/2012 passed by the Motor Accident Claims Tribunal,Jammu (for short "Tribunal")in a claim petition, bearing File No.576/Claim titled as Paramjit Kour and ors. v. National Insurance Company Ltd. &ors. and for setting-aside the same. They are seeking enhancement of the compensation awarded to them.

(2.) A claim petition was filed by petitioners before the Tribunal, Jammu seeking compensation on account of the death of Bachan Singh in a motor vehicular accident. The Tribunal awarded a sum of Rs.6,73,000.00 as compensation in their favour and the said amount of compensation was awarded along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till its realization.

(3.) The grievance of the claimants is that the Tribunal has wrongly assessed the compensation by taking the monthly income of the deceased as Rs.6,000.00per month whereas it has been brought in evidence that the deceased was working as a Mason and his daily wages were Rs.400.00 per day and therefore, the Tribunal ought to have calculated/assessed the compensation by taking the monthly income of the deceased as Rs.9,000.00 per month. However, the claimants are claiming compensation of Rs.10,53,000.00.