Delhi High Court
Chanchal & Anr. vs Basudev & Ors. on 2 December, 2011
Author: G.P. Mittal
$~16 & 17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 2nd December, 2011
+ MAC APP. 10/2011
BEENA DEVI & ANR. ..... Appellants
Through: Mr. Manish Maini, Adv.
Versus
BASUDEV & ORS. ..... Respondents
Through: Ms. Manjusha Wadhwa, Adv. for R-3.
+ MAC APP. 12/2011
CHANCHAL & ANR. ..... Appellants
Through: Mr. Manish Maini, Adv.
Versus
BASUDEV & ORS. ..... Respondents
Through: Ms. Manjusha Wadhwa, Adv. for R-3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. In MAC. APP. No.10/2011 Appellant seeks enhancement of
compensation in respect of a death of young boy Sushil Kumar
aged about 20 years at the time of accident, which took place on
30.07.2007. The Motor Accident Claims Tribunal (the
Tribunal) by the impugned award granted a compensation of `
5,70,000/-.
2. Similarly in MAC. APP. No.12/2011 Appellant seeks
enhancement of compensation in respect of death of a young
boy Rahul Sharma aged about 22 years at the time of accident,
which took place on 30.10.2007. The Motor Accident Claims
Tribunal (the Tribunal) by the impugned award assessed the
compensation as ` 4,98,000/-.
3. The difference in the compensation was on account of the age
of the dependents, which is not in dispute.
4. The common ground of challenge in both the appeals is that the
deceased were doing a Fitter's course from ITI, Bhalla (District
Karnal) and, therefore, their potential employment and earning
ought to have been considered by the Tribunal. A reference
was made to Ramesh Chand Joshi v. New Indian Assurance
Company, C-APP No.212-13/2006 wherein the potential
earning of a B.E. student from Delhi College of Engineering
was considered. The Tribunal reasoned that in Ramesh Chand
Joshi case placement offers were filed on record to show that
the candidates were being offered an average salary of `
38,000/- per month. It is urged by the learned counsel for the
Appellant that in this case also during hearing of the appeal the
salary paid to one Praveen Kumar in the month of March, 2011
was verified on the orders of this Court and it was found that
Praveen Kumar was getting a gross salary of ` 9,040/- per
month and a net salary of ` 8,182/- per month.
5. The Tribunal while awarding the compensation considered the
minimum wages of a skilled workmen (as the deceased was
receiving vocational training for Fitter); the Tribunal added
50% towards future prospects/ inflation and considered `
6,000/- per month as the deceased's income. The learned
counsel for the Respondent Oriental Insurance Co. Ltd. placed
on record a report from Hindustan Times dated 09.11.2011 to
show that 30% of the ITI trained graduates were not getting
jobs. It has to be borne in mind that ITI is not a prestigious
institution. It is only a few, who gets placement in the reputed
public sector companies, whereas, the rest have to be content in
private organized and unorganized sector where they are paid
the wages as fixed by the government under the Minimum
Wages Act. Many do not even get employment.
6. In the circumstances computation of compensation on the basis
of the annual income of ` 72,000/- is just and reasonable.
7. There is no ground to interfere with the impugned award, which
was passed by a common judgment in both the appeals.
8. The appeals are devoid of any merit. The same are accordingly
dismissed.
(G.P. MITTAL)
JUDGE
DECEMBER 02, 2011
hs
