Sh.Ram Sakal Mahto & Ors. vs Balram Singh & Ors.
2011 Latest Caselaw 3846 Del

A-58

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Date of Judgment: 09.8.2011


+             MAC APPEAL No.720/2011


SH.RAM SAKAL MAHTO & ORS.                        ...........Appellants

                         Through:    Mr.Mahesh Ranjan, Advocate.

                   Versus

BALRAM SINGH & ORS.                              ..........Respondents
                  Through:           Nemo.

CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR

     1. Whether the Reporters of local papers may be allowed to
        see the judgment?

     2. To be referred to the Reporter or not?               Yes

     3. Whether the judgment should be reported in the Digest?
                                                          Yes


INDERMEET KAUR, J. (Oral)

1. This appeal has impugned the Award dated 27.4.2011 vide

which compensation in the sum of Rs.4,00,000/- along with

interest @ 7.5% per annum had been awarded in favour of the

claimant. This amount was exclusive of the interim amount. This

Award has been impugned by the claimant. Reasons are two fold;

firstly, contention is that 50% of the amount should not have been

deducted as personal expenses. Secondly the salary of the victim

was Rs.6,000/- and it has wrongly been assessed on the basis of

minimum wages.

2. The impugned judgment show that both these contentions

had been dealt with squarely. The contention of the petitioner

before the Tribunal was that the salary of the victim was Rs.6000/-

but the court had noted that no salary certificate or the

appointment letter of the victim had been brought on record; the

sole testimony of PW-2 who was a co-employee and the record

Ex.PW-2/1 and Ex.PW-2/2 did not show that the victim was

earning Rs.6000/-. In this background the salary of the victim had

been taken to be the minimum wages applicable on the relevant

date; this was in the sum of Rs.3470/-. Award suffers from no

infirmity on this court.

3. The deceased was admittedly a bachelor. In view of the

ratio of the judgment in Sarla Verma & Ors. Vs. Delhi Transport

Corporation & Anr. reported in 2009 (6) Scale 129 the personal

expenses have to be deducted from the income of the deceased at

50%. In view of the ratio of the aforenoted judgment the award

on this count also suffers from no infirmity. Appeal is without any

merit. Dismissed in limine.

INDERMEET KAUR, J.

AUGUST 09, 2011 nandan