DEVANTI DEVI Vs. OM PRAKASH SINGH

JUDGEMENT

(1.) Claimants are in appeal for enhancement of compensation awarded under Sec. 166 of the in Claim Case No. 15 of 2012 for the death of Dinesh Yadav in a motor vehicle accident on 13/6/2011.

(2.) It is argued by the learned counsel on behalf of the appellants that deceased was working as a mason and the witnesses have deposed that he was a having monthly income of Rs.7,500.00. However, the learned trial Court has accepted only Rs.4000.00 per month as the monthly income. It is further contended that no income under the head of loss of earning under future prospects has been awarded and although claimants are seven in number, but amount under the heading of consortium is only Rs.1,00,000.00 which has been awarded. Further, the interest amount is only 6%, in view of the ratio laid down in Dharampal v. UP State Road Transport, III 2008 ACC (1), it should have been 7.5 % from the date of claim application.

(3.) Learned counsel on behalf of the Insurance-Company has defended the impugned award. It is submitted that no documentary evidence has been brought on record to show that the deceased was having Rs.7,500.00 per month as his income at the time of accident in the year 2011. The income for semi-skilled labour was Rs.3966.00 per month.