GURVINDER KAUR Vs. BHANWARA RAM

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and award dtd. 10/1/2017 passed by the Motor Accident Claims Tribunal, Suratgarh in MAC Case No.19/2014 (Computer No.79/2015) whereby the learned Tribunal awarded a compensation amount of Rs.8,04,000.00 with interest at the rate of 8% per annum in favour of the claimant. The deceased was 18 years of age on the date of accident i.e. 21/5/2013 which is not disputed. The breakup of the amount of compensation awarded by the learned Tribunal is as under:

(2.) The only ground argued by learned counsel for the appellant is that the learned Tribunal erroneously computed the income of the deceased at the rate of Rs.150.00 per day on basis of the wages of an unskilled labour whereas the deceased was employed in the thermal plant and was earning Rs.8,000.00 per month.

(3.) In the alternate, counsel submits that even otherwise, the wages as notified for the relevant time for an unskilled labour was Rs.166.00 per day and not Rs.150.00 per day as calculated by the learned Tribunal. Counsel further submits that even otherwise, looking to the age of the deceased, the wages ought to have been considered at least for a semi-skilled labour.