PAPPU SAINI Vs. SUMER SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and award dtd. 12/3/2018 passed by the Motor Accident Claims Tribunal, Dausa (for short 'the Tribunal'), whereby, the Tribunal has awarded a sum of Rs.8,48,931.00 as compensation alongwith interest @ 7% per annum from the date of filing of the claim petition.

(2.) Learned Counsel for the appellant-claimant (hereinafter referred to as "the claimant") submits that the Tribunal has committed an error in awarding lesser compensation. Income of the claimant has been taken by the Tribunal on the lower side. The claimant was doing the work of mechanic and was earning Rs.15,000.00 per month whereas the Tribunal assessed the same at Rs.5,000.00 per month without any basis. He further submits that as per permanent disability certificate (Ex. 14), the claimant had suffered 100% permanent disability whereas the Tribunal had erred in taking the same as 70%. He also submits that no amount towards future prospects has been granted by the Tribunal. The compensation granted by the Tribunal under the other heads is also inadequate.

(3.) On the other hand, learned Counsel for the respondent No. 3/Insurance Company has opposed the appeal and has submitted that income of the claimant has already been taken by the Tribunal on the higher side. At the relevant time, prevalent rate of minimum wages fixed by the State was Rs.4,914.00 per month whereas the Tribunal has assessed the income at Rs.5,000.00 per month. Therefore, the income of the claimant should have been considered as Rs.4,914.00 per month.