CHANDRA KALA Vs. SHRIDHAR

JUDGEMENT

(1.) Vide this order, above mentioned two appeals would be disposed of.

(2.) Claimants had filed claim petition, seeking compensation on account of death of Banwari Lal in a motor vehicle accident, which had occurred on 17.8.2014. Vide the impugned award, Tribunal has granted compensation to the claimants to the tune of Rs. 10,82,662/-. Hence, the appeals have been filed by the Insurance Company as well as claimants. Learned counsel for the claimants has submitted that the Tribunal has erred in taking the income of the deceased at Rs. 189/- per day. Deceased was working as a Mason and in income was liable to be treated as Rs. 400/- per day. In support of his argument, learned counsel has placed reliance on the decision of the Hon'ble Supreme Court in Laxmidhar Nayak & Ors. v. Jugal Kishore Behera & Ors. MACD 2018 (1) (SC) 94.

(3.) Learned counsel for Insurance Company has submitted that it was a case of head on collusion. In fact, the deceased was also negligent at the time of the accident. Learned counsel has submitted that the compensation amount granted by the Tribunal was liable to be reduced and was liable to be calculated in terms of the decision of the Hon'ble Supreme Court in National Insurance Company Limited v. Pranay Sethi and others 2018 (1) WLC (SC) Civil 1 : AIR 2017 (SC) 4973, wherein it was held as under:-