KRIPA DEVI Vs. LAXMAN SINGH

JUDGEMENT

(1.) This appeal has been preferred by the appellants-claimants against the award dated 17.03.2018 passed by the learned Motor Accident Claims Tribunal, Shahpura, District Jaipur (for brevity 'learned Tribunal') whereby, allowing the claim petition in part, an award of Rs. 7,32,930/-, has been passed in favour of the appellants.

(2.) Assailing the findings of the learned Tribunal qua Issue No.3, learned counsel for the appellants contended that the learned Tribunal has erred in assessing the monthly income of the deceased as Rs.3510/- i.e. the minimum wages payable to unskilled labour ignoring that the deceased was skilled labour.

(3.) Relying on the judgment of the Hon'ble Apex Court of India in case of Laxmidhar Nayak and Ors. v. Jugal Kishore Behera and Ors., 2018 (1) ACTC (SC) 5, he contended that the minimum income of Rs. 4500/- per month should have been assessed by the learned Tribunal for arriving at just and reasonable compensation. Learned counsel referred the judgment of this Court in case of Jalaur Singh @ Dilawar Singh and Anr. v. Barkat and Ors. decided on 26.03.2012 in S.B. Civil Misc. Appeal No. 6562/2011 to contend that the learned Tribunal should have assessed the monthly income of the deceased taking into consideration the working days as 30 instead of 26. He contended that in the aforesaid circumstances, the compensation be suitably enhanced.