On a perusal of the impugned award, it is seen that though the claimant had claimed tha
t the deceased Ramesh Chatar was working as a labourer and earning Rs.4,000/- per month, in ab
sence of any documentary evidence in support of such claim, learned Tribunal has taken the dec
eased to be unskilled person and his minimum wages at Rs.130/- per day, as per the Government
Notification in the year 2010. Accordingly, the monthly wages of the deceased was taken to be
Rs.3,900/-. The Insurance Company had pleaded before the learned Tribunal that the minimum wag
es of an unskilled labourer fixed by the State Government, which was effective on the date of
accident was Rs.100/- per day, which is comes of Rs.3000/- per month.
Considering the submissions made and keeping in view the quantum of compensation amount
awarded and the basis on which the same has been arrived at, I feel, the interest of justice
would be best served, if the awarded compensation amount of Rs.5,86,600/-is modified and reduc
ed to Rs.4,50,000/-(rupees Four Lakhs Fifty Thousand), which is payable to the claimants along
with the awarded interest. The impugned award is modified to the said extent.
It is open for the appellant-Insurance Company to seek recovery of the compensation amo
unt from the owner of the vehicle, if recoverable, in accordance with law.
The appellant-Insurance Company is directed to deposit the modified compensation amount
of Rs.4,50,000/-along with the awarded interest with the learned Tribunal within six weeks he
nce. On deposit of the amount, the same shall be disbursed to the claimants proportionately, a
s per the direction of the learned Tribunal given in the impugned award.
The statutory amount deposited in the Registry of this Court along with the accrued int
erest thereon shall be refunded to the appellant-Insurance Company, on production of receipt s
howing deposit of the modified compensation amount and interest with the Tribunal.
MACA is accordingly disposed of.
