Heard Shri A.L.Gupta, learned counsel for the appellant and Shri Rahul Mishra, learned counsel for respondents.
This appeal has been filed by the claimants being aggrieved of award dated 28.05.2008 passed by the learned Motor Accident Claims Tribunal/Additional District Judge, Court No.18, Aligarh in M.A.C.P. No.562 of 2006 on the ground that overlooking the evidence produced by P.W.-3 that claimant was drawing a salary of Rs.10,000/- per month. Learned claims Tribunalhas computed income at Rs.2,000/- which is on the lower side.
Shri Rahul Mishra, on the other hand supports the award and submits that no interference is required.
After hearing learned counsel for parties and going through the record, when parameter of minimum wages is applied as has been accepted by the Division Bench of this Hon'ble Court in case ofMisri Lal Yadav and another vs Oriental Insurance Company Ltd., and others as reported in 2018(2) TAC 434 (ALL) then minimum wages for an unskilled labourer can be construed at Rs.100/- per day or Rs.3,000/- per month or Rs.36,000/- per year.
Learned claims Tribunal has taken into consideration the disability to the extent of 55% which is not disputed by the opposite party then annual loss of income will come out to Rs.19,800/-. It is admitted that on the date of accident the age of the claimant was 24 years. Therefore, multiplier of 18 will be applicable taking compensation under the head of loss of income to Rs.3,56,400/- against a sum of Rs.2,37,600/- awarded by learned claims Tribunal.Thus there will be enhancement to the tune of Rs.1,18,800/- under the head of loss of income.
Learned claims Tribunal has awarded a sum of Rs.20,000/- under heads of pain and suffering which needs to be enhanced to Rs.25,000/-. Similarly, tribunal has awarded a sum of Rs.5,000/- under the head of nutritious diet and another sum of Rs.10,000/- for future treatment but has not awarded any amount under the heads of attendant and transport for which this court deems it proper to add another sum of Rs.15,000/- (Rs.5,000/- under the head of transport and Rs.10,000/- under the head of attendant). Besides, claimants are entitled to a sum of Rs.1,00,446/- on account of expenses incurred on treatment. Thus claimants will be now entitled to a sum of Rs.5,11,846/- (Rupees five lakhs eleven thousand eight hundred and forty six only). Therefore, there will be total enhancement to the tune of Rs.1,38,800/- (Rupees one lakh thirty eight thousand and eight hundred only) in addition to what has been awarded by the learned claims Tribunal to which claimants will be entitled along with interest @ 6% from the date of filing of the claim petition.
In above terms, appeal is disposed of.
Order Date :- 21.1.2021 VS