RATAN LAL SONWAL Vs. IDU KHAN @ IDU KHAN

JUDGEMENT

(1.) Appellants have filed this appeal, challenging the award dated 12.11.2014 passed by the Motor Accident Claim Tribunal, seeking enhancement of compensation amount.

(2.) Learned counsel for the appellants has submitted that the compensation amount granted by the Tribunal was on a lower side. Tribunal has failed to grant compensation towards future prospects of the deceased. As per Exhibit-11 to Exhibit-14, it is evident that the deceased was residing in Delhi. Although, Tribunal has not taken in consideration the salary certificate Exhibit-13, but the income of the deceased was liable to be taken as per the minimum wages fixed in Delhi and not in the State of Rajasthan as the deceased was residing in Delhi. In support of his arguments, learned counsel has placed reliance on the decision given by the Hon'ble Supreme Court in case of National Insurance Company Limited Versus Pranay Sethi and others AIR 2017 (SC) 4973, wherein it was held as under:-

(3.) Learned counsel for respondent no.3, has opposed the appeal and has submitted that the amount of compensation granted by the Tribunal did not require any enhancement. Tribunal has rightly taken the income of the deceased in terms of the minimum wages fixed by the State of Rajasthan.