Rajasthan High Court - Jaipur
National Insurance Co. Ltd vs Sb Civil Misc. Appeal No.2614/2 on 12 April, 2014
Author: Alok Sharma
Bench: Alok Sharma
SB Civil Misc. Appeal No.2614/2011 National Insurance Co. Ltd. V. Smt. Yashoda Devi & Ors HON'BLE MR. JUSTICE ALOK SHARMA 12.4.2014 Mr. Ram Singh Bhati for the appellant Insurance Company The only ground on which this civil misc. appeal has been filed is that the Commissioner, Workmen Compensation (hereinafter 'the Commissioner') has assessed the income of the deceased Sharwan at Rs.4,000/- p.m without any evidence on record and further that the interest @ 12% p.a has been awarded on the payable amount which is on the higher side. Heard. Considered. Perused the impugned award dated 13.4.2009. It is not in dispute that the deceased Sharwan was working in the capacity of a driver of Truck No. RJ-02-GA-7507 which met with an accident on 11.9.2007 during the period it was insured with the appellant Insurance Company. Sharwan sustained injuries in the accident owing to which he died. Consequently, a claim petition came to be filed by his widow- Smt. Yashoda Devi, his mother- Smt. Laddo devi and five minor children. I have heard the counsel for the appellant and perused the impugned award dated 13.4.2009 passed by the Commissioner. The salary of the deceased Sharwan has been reasonably assessed at Rs.4,000/- p.m at the time he died in the accident on 11.9.2007. The conclusion on this count by the Commissioner is based on the evidence before him. The respondent no.1 Smt. Yashoda Devi, the wife of the deceased Sharwan who appeared as a witness remained unshaken in her cross-examination. Employment of a driver of a truck unless with the company or a large organization is informal in nature and neither a letter of appointment nor the salary contracted for the job is available in writing in such case. Oral evidence corroborated by the general market rates for the purposes of wages of such drivers can conceivably be the only evidence before the Commissioner.
In this case on the basis of the evidence under which a sum of Rs.5,000/- p.m was claimed by the claimants as salary of the deceased at the time of his death, the Commissioner has exercised his discretion in taking the salary of the deceased Sharwan at the time of the accident leading to his death at Rs.4,000/- p.m. Nothing erroneous can be attributed thereto. There is no dispute with regard to the age of the deceased Sharwan being 35 years at the time of his death. Subsequent to the finding of monthly salary @ Rs.4,000/- p.m and the admitted age of the deceased Sharwan 25 years only the arithmetic remained, has been applied as provided under the Act and compensation determined. Nothing perverse or illegal can be attributed thus to the compensation determined.
As far as the rate of interest is concerned, section 4A(3)(a) of the Act of 1923 itself provides that the interest @ 12% p.a or higher rate if so notified is to be granted by the Commissioner. Over the compensation, where the compensation is not paid to the claimant/s within 30 days of the accident whereupon right to compensation crystallized and it “falls due”. This has been so done in this case.
In the circumstances obtaining, I find that no substantial question of law is made out in this misc. appeal. The impugned award is based on finding of facts. The appeal has no force. Dismissed.
(Alok Sharma) J Sharma NK “All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” NK Sharma, Sr.P.A