SHANKAR LAL SAIN Vs. GUPTA KN CONSTRUCTION COMPANY

JUDGEMENT

(1.) CLAIMANTS have preferred this appeal for enhancement of compensation of Rs.2,66,000/- awarded by learned Motor Accident Claims Tribunal, Jaipur District, Jaipur, vide its award dated 15.07.2010 in MAC Case No.691/2009, on the ground that income of deceased has been wrongly accepted on notional basis at Rs.15,000/- per annum, whereas there was definite evidence of fact that deceased was a woman working as peon with Neerja Modi School at Jaipur.

(2.) LEARNED counsel for appellant argued that even otherwise, the Supreme Court in Lata Wadhwa Vs. State of Bihar - (2001) 8 SCC 197 and Arun Kumar Agrawal and Another Vs. National Insurance Company and Others - (2010) 9 SCC 218, has held that income of Rs.3000/- per month must be accepted even of a house wife, whose contribution to the family cannot be undermined.

(3.) APPEAL accordingly stands allowed.