GANGA DEVI AND ORS. Vs. MAINUDEEN AND ORS.

JUDGEMENT

(1.) WITH the consent of parties, this appeal is being decided at admission stage.

(2.) THIS appeal has been filed by the claimants for enhancement of the compensation granted against the respondents No. 1 to 3 -National Insurance Co. Ltd. by the Motor Accident Claims Tribunal, Sikar in MAC No. 174/ 1997 vide its order dt. 26.10.2002.

(3.) SUBMISSION of counsel for the appellants is that the deceased who was a labour was earning Rs. 4,000/ - per month but his earning has been wrongly arrived at by the Tribunal as Rs. 1500/ - per month considering Rs. 64/ - per day as the minimum wages for 22 -23 days only on the ground that an unskilled labourer will not get work for more than the aforesaid days in a month. Further deduction of Rs. 500/ - as 1/3rd amount for personal expenses has been wrongly made and no amount of consortium and love and affection of the father for the child has been awarded.