Bajaj Allianz General Insurance ... vs Chinta Devi & Ors
2012 Latest Caselaw 1602 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of decision: 6th March, 2012
+       MAC.APP. 665/2011

        BAJAJ ALLIANZ GENERAL INSURANCE CO LTD
                                            ..... Appellant
                      Through: Mr.Joy Basu and Ms.Ruchi
                               Bharda Jain, Advocate

                    versus

        CHINTA DEVI & ORS                    ..... Respondents
                      Through:        Mr.Zakir Hussain and Ms.Parul
                                      Goel, Advocates.
        CORAM:
        HON'BLE MR. JUSTICE G.P.MITTAL
                      JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellant impugnes a judgment dated 01.03.2011 whereby a compensation of Rs.22,60,000/- was awarded for the death of Ram Chander Prasad who died in an accident which occurred on 23.05.2008. The deceased was working as cook in Indian Air Force and was getting a salary of Rs.1,24,495/- at the time of the accident. The salary of the deceased was revised retrospectively on account of the implementation of the 6th Pay Commission by notification dated 29.04.2008 w.e.f. 01.01.2006. The Claims Tribunal surmised in doubling the deceased's salary before the 6th Pay Commission and awarded compensation on that basis, which was not permissible.

2. The Claims Tribunal while awarding compensation, which has

to be just and fair, is expected to hold an enquiry to reach the figure of just compensation. Even if the Respondents( the Claimants) failed to produce any evidence with regard to revised pay scale of the deceased instead of making guess work the Tribunal ought to have summoned the record from the deceased's employer as to his revised salary w.e.f. 01.01.2006.

3. In this view of matter, the impugned judgment cannot be sustained. It is accordingly set aside with the direction to the Claims Tribunal to summon a witness from the deceased's employer along with the documents with regard to the deceased's salary and allowance as on 23.05.2008 and to decide petition afresh. The Appellant shall also be entitled to rebut the evidence, if any, produced.

4. The parties are directed to appear before the Tribunal on 26.03.2012. The Claims Tribunal shall decide the petition as expeditiously as possible and in any case within a period of six months.

5. The subsequent order dated 23.03.2001 is also set aside.

6. Dasti to counsel for both the parties.

(G.P. MITTAL) JUDGE MARCH 06, 2012 mr