New India Assurance Co. Ltd. vs Ghanshyam Dass Sharma & Ors.

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      Decided on : December 05,2011

+     MAC.APP. 265/2011


      NEW INDIA ASSURANCE CO LTD.             ..... Appellant
                   Through Ms. Neerja Sachdeva, Advocate

                    versus


      GHANSHYAM DASS SHARMA & ORS            ..... Respondents
                 Through Mr. Amit Kumar Pandey, Advocate for
                         respondents No.1 & 2


      CORAM:
      HON'BLE MR. JUSTICE G.P. MITTAL

                               JUDGMENT

G.P. MITTAL, J. (ORAL)

1. The Appellant New India Assurance Co. Ltd. is aggrieved by the award dated 10.02.2011 passed by the Motor Accident Claims Tribunal whereby a compensation of ` 8,36,302/- was awarded in respect of death of a young boy Nidesh Sharma, which took place on 04.08.2007. The Appellant's grievance is that the conveyance allowance of ` 800/- per month was included in the salary and future prospects were granted while computing the compensation, though no evidence was led before the Tribunal that the deceased was in a permanent job.

2. I have perused the record, including the salary slip Exhibit .PW3/B and PW3/C. The conveyance allowance of ` 800/- per month was part of the salary and the Tribunal rightly took the same into account while considering the net income of the deceased as 50% of the salary was deducted towards personal expenses as the deceased was a bachelor. The deceased was granted an increment of ` 650/- per month by his employer by a certificate Ex.PW1/15. It is, therefore, established that the deceased was in settled employment and, therefore, future prospects were rightly granted in view of Sarla Verma & Ors Vs. Delhi Transport Corporation (2009) 6 SCC 12.

3. There is no ground to interfere with the impugned award.

4. The appeal is without any merit. The same is dismissed.

5. The statutory sum of ` 25,000/- if deposited shall be released to the appellant.

6. By an order dated 22.03.2011 passed by the Tribunal only 75% of the amount was ordered to be released. Consequent to the dismissal of the appeal, the entire amount shall be released/held in FDR in terms of the Tribunal's order.

(G.P. MITTAL) JUDGE DECEMBER 05, 2011 pst MAC.APP. 265/2011 Page 2 of 2