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Showing contexts for: Migration certificate in Lrs Of Rahul vs Sachin on 24 April, 2024Matching Fragments
30. The petitioner Ravindra Sharma/PW2 has however placed on record copy of Residence cum Character Certificate of the deceased Ex.PW2/3, as per which, the deceased was shown to be resident of Village Suremanpur, Post Office Sureman Pura, Gram Panchayat, Gangapur, Vikas Khand Bairiya, PS Bairiya, Tehsil Bairiya District Baliya, UP. Petitioners have not placed on record any other proof of residence of the deceased Rahul, to show his residence in Delhi. As such, it can be safely concluded that at the time of accident, the deceased was resident of Uttar Pradesh. LRs of Rahul vs. Sachin and Ors. Page 21 of38 LRs of Rahul vs. Sachin and Ors. Page 22 of38 Petitioner has also placed on record marksheet in the name of the deceased of Junior High School 2005, along with Migration Certificate issued in the name of the deceased Rahul, duly attested by Principal of Jai Maa Durge Junior High School, Madhubani Baliya, which reflects that deceased was educated upto Junior High School i.e. 8 th standard. Further, the petitioners have failed to establish on record that the deceased Rahul knew/learnt any skill or have expertise in any work. Accordingly, the deceased is entitled to minimum wages payable to an unskilled person in Uttar Pradesh, as on the date of occurrence of the case accident. As per the notification, the Minimum Wage in Uttar Pradesh from October 1, 2014 to February 28, 2015, for an unskilled person is Rs. 246.75 per day. Therefore, monthly minimum wages would come to Rs. 7402.50/- per month (246.75 x30 days). Accordingly, it would be reasonable and just to consider the income of the deceased as Rs.7402.50 /- per month, on the date of occurrence of the case accident in question i.e. on 05.10.2014.
31. As per the case of petitioners, the deceased was aged about 22 years at the time of accident. It is pertinent to note that petitioners have filed copy of Marksheet in the name of deceased for Junior High School 2005 along with Migration Certificate, issued in the name of deceased Rahul, duly attested by Principal of Jai Maa Durge Junior High School, Madhubani Baliya, which reflects that deceased was educated upto Junior High School i.e. 8 th LRs of Rahul vs. Sachin and Ors. Page 22 of38 LRs of Rahul vs. Sachin and Ors. Page 23 of38 standard, and his date of birth was mentioned as 20.05.1992. The date of accident in the present case is 05.10.2014. Thus, the age of deceased is accepted as 22 years 04 months and 15 days, at the time of accident. Hence, the multiplier of 18 would be applicable in view of pronouncement made by Constitutional Bench of Apex Court in the case titled as "National Insurance Company Ltd. Vs. Pranay Sethi & Ors." passed in SLP(Civil) No. 25590/14 decided on 31.10.17.