SURENDRA KAUR Vs. KULJEET SINGH

JUDGEMENT

(1.) The present civil misc. appeal has been filed by the appellants-claimants under Sec. 173 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') against the judgment and award dtd. 10/2/2009 passed by the Court of Motor Accident Claims Tribunal, Sambhar Lake, District-Jaipur (for short 'the Tribunal') in claim case No. 313/92 by which the claim petition filed by the claimants-appellants was allowed and an amount of Rs.93,600.00has been awarded to them as compensation.

(2.) Learned Tribunal after framing the issues, evaluating the evidence available on the record and after hearing the counsel for the parties, decided the claim petition of the claimants appellants awarding compensation to the tune of Rs.93,600.00 under various heads in favour of the claimants appellants.

(3.) Learned counsel for the appellants submits that the age of the deceased was 25 years at the time of accident and he was doing the job of driver. Counsel submits that while deciding the claim petition, the Tribunal came to the conclusion that there was 40% contributory negligence on the part of the deceased and 60% contributory negligence on the part of the respondent No. 1. Counsel submits that while determining the loss of income a lump sum amount of Rs.1,56,000.00 was granted and after deducting the 40% amount towards contributory negligence of the deceased an order was passed granting compensation of Rs.93,600.00 to the claimants-appellants under the loss of income. Counsel submits that the job of the driver falls within the purview of skilled labour as per the Circular/Notification issued by the Department of Labour, Government of Rajasthan and the minimum wages of the skilled labour was Rs.25.00 per day at the time of accident which occurred on 23/10/1989. Counsel submits that while assessing the loss of income, the Tribunal should have treated the minimum wages of the deceased as Rs.25.00 but instead of doing so a lump sum amount has been determined without any basis. Counsel submits that even under the conventional head a very petty amount has been awarded. Counsel submits that in view of the judgment passed by the Hon'ble Apex Court in the case of National Insurance Company Ltd. v. Pranay Sethi and Ors. : (2017) 16 SCC 680, the claimants are entitled to get a lump sum amount of Rs.70,000.00 under the conventional heads. He therefore, prays that re-computation of the award in the present case may be done in view of the submissions made hereinabove.