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2024 DIGILAW 981 (SC)

Angad Tiwari v. National Insurance Company Limited

2024-10-01

PAMIDIGHANTAM SRI NARASIMHA, SANDEEP MEHTA

body2024
ORDER : 1. Delay condoned. Leave granted. 2. This appeal arises from the decision of the High Court in First Appeal from Order No.747/2013 dated 31-05-2022. 3. The appellant-claimant filed a Claim Suit No.125/2012 before the Motor Accident Claims Tribunal (“the Tribunal” for short], Faizabad, which by its order dated 30.11.2012 granted compensation of Rs.2,54,000/-. On the ground that there is no proof of income, the Tribunal calculated the monthly income at the rate of Rs.1500/- and arrived at a figure of Rs. 18000/- per year. 4. In appeal, the High Court enhanced the compensation to a sum of Rs.5,96,000/-. 5. Learned counsel for the appellant submits that the minimum wage at the relevant time was Rs.200/- per day, and consequently the monthly income would be a minimum of Rs. 6000/- per month. He has therefore submitted that the compensation must be determined on the basis of income calculated at Rs.6000/- per month. We agree with the submission of the appellant and hold that the Tribunal as well as the High Court could not have granted anything less than the minimum wage towards income. 6. Taking into account the age of the deceased, and considering the monthly income to be Rs. 6000/- we grant an overall enhancement of the compensation to Rs. 4 lakhs, which will be over and above what the High Court has granted. 7. The amount shall be deposited in the concerned Tribunal within a period of three weeks from today and the same shall be released as expeditiously as possible. 8. The Civil Appeal is allowed accordingly.