1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL NO.361 OF 2010. Uttam S/o Dada Vidhate and others ... Appellants. Versus Vilas S/o Vithoba Pate and others ... Respondents. ... Mrs.Mhase Madhaveshwari S. advocate for the appellants. Mr.Dhananjay Deshpande, advocate for the Respondent No.3. ... CORAM : S.V.GANGAPURWALA,J. Date : 06.09.2010. PER COURT 1. The present appeal is by the original claimant. The claimant had filed the Motor 2 Accident Claims Petition for compensation on account of the death of deceased Zumbarbai, who was the wife of the appellant No.1 and mother of appellants Nos.2 to 4. It is the case of the claimants that deceased was travelling in a truck. The truck was driven in negligent manner. Deceased Zunbarbai sustained fatal injuries and she succumbed to death. According to the claimants, the deceased was earning about Rs. 3,000/- to Rs.4,000/- p.m. The Tribunal by its award dated 19.9.2009, awarded compensation amount of Rs.1,60,000/- (Rupees one lac sixty thousand) excluding the No Fault Liability amount considering the income of the deceased as Rs.50/- per day. 2. It is the case of the appellant that the minimum wages of the labourers is Rs.100/- per day. The deceased was doing labour work, as such her income ought to have been computed as Rs.100/- per day. The learned counsel for the appellant contended that it is erroneous on the part of the Tribunal to consider the income of the deceased as Rs.50/- per day which is below 3 Minimum Wages Act. 3. The learned counsel for the Respondent Insurance Company supported the judgment of the Tribunal contending that there is no evidence on record to show that the deceased was earning Rs. 100/- per day. Though there is no evidence of the income of the deceased still, the Tribunal considered Rs.50/- as the income of the deceased which according to him was also not proper. According to the learned counsel the compensation that has been awarded is more than reasonable and there is no ground for interference. 4. It is the fact that the accident had taken place on 18.5.2004. At the relevant time the minimum wages for unskilled labour was Rs. 102/- per day. That was the minimum wages that was being paid as wages to a person. In light of the fact that the minimum wages as per Notification dated 20th October, 2005, for unskilled labour was Rs.102/-. I, feel that the Tribunal has committed an error while considering the wages of the deceased as Rs.50/- per day. 4 5. In light of the above, the appeal is allowed. The order of the Tribunal is modified. It is held that the appellant is entitled for the compensation of Rs.3,20,000/- (Rupees three lacs twenty thousand) excluding No Fault Liability amount. The appellant would be entitled for the interest at the rate of Rs.7.5% p.a. as awarded by the Tribunal. On realisation of the amount Rs.90,000/- (Rupees ninety thousand) each shall be paid to applicants/appellant Nos.2 to 4 with proportionate interest of their shares and remaining amount would be paid to the appellant No.1. Award be drawn accordingly. (S.V.GANGAPURWALA,J.) asp/office/fa361.10 5