Delhi High Court
New India Assurance Co Ltd vs Anil Kumar Singh & Ors on 20 September, 2013
Author: Suresh Kait
Bench: Suresh Kait
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 20th September, 2013
+ MAC.APP. 576/2012
NEW INDIA ASSURANCE CO LTD ..... Appellant
Through: Mr. J.P.N. Shahi, Adv.
versus
ANIL KUMAR SINGH & ORS ..... Respondents
Through: Mr. Vinod Kumar Jha, Adv. for
R1 and R2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Instant appeal has been preferred against the impugned award dated 18.02.2012, whereby ld. Tribunal has granted compensation of Rs.8,62,448/- with interest @ 7.5% per annum from the date of filing of the petition, i.e., 02.11.2010 till notice under Order 21 Rule 1 CPC given by the Insurance Company.
2. Ld. Counsel appearing on behalf of the appellant has argued that the claimants have claimed that deceased was employed with M/s. Verma Enterprise, C-5, Wazirpur Industrial Area, Delhi as a mechanic and was earning Rs.46,00/- per month.
3. Ld. Counsel submitted that despite this fact, ld. Tribunal has considered the monthly income of the deceased as Rs.6,428/- on the basis of Minimum Wages Act, applicable to matriculates. It is submitted that the MAC.APP. 576/2012 Page 1 of 3 claimants/respondents have not produced any evidence regarding the occupation of the deceased. Still, the learned Tribunal wrongly assessed the income of the deceased on the basis of Minimum Wages Act, 1948; and without any reason granted 50% towards future prospects.
4. He further submits that minimum wages has to be considered only when the claimants failed to prove the salary certificate. In the present case, claimants have relied upon a salary certificate of the deceased as Ex.PW1/18, thus there was no occasion for the ld. Tribunal to consider the salary of the deceased as per the Minimum Wages Act.
5. Admittedly, neither the author of the said salary certificate nor any official from M/s. Verma Enterprise has been examined by the claimants. No document regarding the attendance leave from office, appointment letter or employment record of the deceased has been filed or proved.
6. Regarding the assessment of future prospects, law has been settled in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, wherein the Full Bench of the Supreme Court has held as under:-
"11. Since, the Court in Santosh Devi's case (supra) actually intended to follow the principle in the case of salaried persons as laid in Sarla Verma's case (supra) and to make it applicable also to the self-employed and persons on fixed wages, it is clarified that the increase in the case of those groups is not 30% always; it will also have a reference to the age. In other words, in the case of self-employed or persons with fixed wages, in case, the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects. Needless to say that the actual income should be income after paying the tax, if MAC.APP. 576/2012 Page 2 of 3 any. Addition should be 30% in case the deceased was in the age group of 40 to 50 years."
7. Moreover, educational qualification of the deceased has not been disputed by the appellant/Insurance Company, therefore, the learned Tribunal has rightly assessed the income of the deceased on the basis of the Minimum Wages applicable to a matriculate.
8. I do not find any discrepancy in the award passed by the ld. Tribunal.
9. Accordingly, the instant appeal is dismissed.
10. I note vide order dated 01.06.2012, 60% of the award amount with proportionate interest was directed to be released in favour of the respondents / claimants.
11. In view of above, balance compensation amount shall be released in favour of the respondents / claimants in terms of the order dated 18.02.2012 passed by the ld. Tribunal on taking necessary steps by them.
12. Statutory amount be also released in favour of the appellant.
SURESH KAIT, J.
SEPTEMBER 20, 2013 Jg/sb/RS MAC.APP. 576/2012 Page 3 of 3