Sukhdev Prasad Yadav & Ors. vs New India Assurance Co Ltd.
2013 Latest Caselaw 5085 Del

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*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                 Judgment delivered on: 6th November, 2013


+                          MAC.APP. No.201/2012

       SUKHDEV PRASAD YADAV & ORS.               ..... Appellant
                   Represented by: Mr.Navneet Goyal, Advocate.

                           Versus

       NEW INDIA ASSURANCE CO LTD.               ..... Respondent
                    Represented by: Mr.Kanwal Chaudhary,
                                    Advocate.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. This cross-appeal is directed against the impugned award dated 20.11.2010, whereby the learned Tribunal has granted the compensation as under:-

       a).    Loss of income                                  :    Rs. 38,744/-
       b).    Pain and sufferings, loss of amenities etc.     :    Rs.50,000/-
       c).    Special diet & conveyance charges               :    Rs.10,000/-
                                                              _______________
                                  Total                       :    Rs.98,744/-

Interest at the rate of 7.5 % per annum was also awarded in favour of the claimants from the date of filing of the petition till realization.

2. By way of the present appeal, the appellant No.1/injured is seeking enhancement of the compensation amount as noted above.

3. Learned counsel for appellant submits that the learned Tribunal has failed to consider the monthly income of the injured as Rs.6,900/-, which has been proved by PW3. The said witness also stated that the appellant No.1/injured did not join the duty from April to December due to his injuries and no salary was paid to him during this period.

4. However, the learned Tribunal considering the salary as Rs.4,843/- per month granted the compensation of Rs.38,744/- for loss of salary of eight months.

5. On perusal of record, it reveals that Rs.6,900/- was the gross salary drawn by the injured. Therefore, after deducting the other allowances, his salary comes to Rs.4,843/-. Hence, I do not find any discrepancy in considering the salary of the injured as Rs.4,843/-.

6. No other ground has been argued by the learned counsel for the appellants.

7. Consequently, finding no merit in the instant appeal, the same is dismissed.

SURESH KAIT, J.

NOVEMBER 06, 2013 sb