Prem Shanker Asopa, J. - (1.) WITH the consent of parties, this appeal is being decided at admission stage.
(2.) THIS appeal has been filed by the claimants for enhancement of the compensation granted against the respondents No. 1 to 3 -National Insurance Co. Ltd. by the Motor Accident Claims Tribunal, Sikar in MAC No. 174/ 1997 vide its order dt. 26.10.2002. Facts, in brief, of the case are that on 30.07.1997 Surendra Kumar was going to Sonwali in Jeep No. RJ 23C 1996 and at about 10.15 p.m. another jeep No. RJ 18C 992 came from Fatehpur -Ramgarh Road which was being driven by Mainudeen rashly and negligently and caused the accident due to which Surendra Kuar died.
(3.) SUBMISSION of counsel for the appellants is that the deceased who was a labour was earning Rs. 4,000/ - per month but his earning has been wrongly arrived at by the Tribunal as Rs. 1500/ - per month considering Rs. 64/ - per day as the minimum wages for 22 -23 days only on the ground that an unskilled labourer will not get work for more than the aforesaid days in a month. Further deduction of Rs. 500/ - as 1/3rd amount for personal expenses has been wrongly made and no amount of consortium and love and affection of the father for the child has been awarded.;