MUMTAJ Vs. PUNJI LAL YADAV

JUDGEMENT

(1.) The instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants against the judgment and award dtd. 20/7/2011, passed by the Motor Accident Claims Tribunal-cum-Additional District Judge (Fast Track Court No.1), Beawar (for short 'Tribunal') in MAC Case No.36/2011 (163/2010), whereby, the Tribunal has awarded a sum of Rs.4,55,000.00 on account of death of Sharif Mohammad, which occurred on 8/9/2009.

(2.) Learned Tribunal after framing the issues, evaluating the evidence available on record and hearing both the sides, decided the claim petition of the appellants and awarded compensation of Rs.4,55000.00 under various heads.

(3.) Learned counsel for the appellants submitted that deceased was aged about 40 years at the time of accident and he was working as 'Mistri' which falls within the definition of skilled labour and at the prevalent time, the minimum wages of skilled labour was Rs.115.00 per day i.e. Rs.3450.00 per month. While the learned Tribunal has assessed the income of the deceased as Rs.3000.00 only without any basis. Counsel for the appellant further submitted that the number of dependants were eight and as per the principles laid down in the case of Sarla Verma v. Delhi Transport Corporation: (2009) 6 SCC 121, the deduction of 1/5th should have been applied while the Tribunal has deducted 1/4th towards income of the deceased.