Delhi High Court
National Insurance Co Ltd. vs Smt Yasmin on 3 April, 2014
Author: Suresh Kait
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 3rd April, 2014
+ MAC.APP. No.286/2014
NATIONAL INSURANCE CO LTD. ..... Appellant
Represented by: Ms. Archana Gaur, Adv.
versus
SMT YASMIN ..... Respondent
Represented by: NEMO.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
CM. No.5763/2014 (for exemption)
Exemptions allowed, subject to all just exceptions.
The application stands disposed of.
+ MAC. Appeal No.286/2014
1. Admit.
2. The present appeal has been preferred against the impugned award
dated 09.01.2014, whereby Ld. Tribunal has awarded compensation for an
amount of Rs.9,64,736/- with interest @ 7.5% per annum from the date of
filing of the Claim Petition till realization of the amount.
3. Ms. Archana Gaur, Ld. Counsel appearing on behalf of the appellant
submits that the claimants claimed that deceased was a plumber by
profession and also dealing with Kabari and was earning Rs.10,000/- per
month. However, the claimants failed to prove the avocation and income of
the deceased. Despite, the Ld. Tribunal has assessed the monthly income of
the deceased as Rs.4,377/- per month as per the Minimum Wages Act
applicable to an unskilled worker.
4. Ld. Counsel further submits that despite the fact that the claimants
failed to prove the avocation of the deceased and his monthly income, Ld.
Tribunal has added 30% in his actual income towards future prospects,
which is contrary to the dictum of Sarla Verma Vs. DTC and Ors. 2009 (6)
SCC 121.
5. It is an admitted fact that claimants had claimed that the deceased was
a plumber by profession. He was also dealing with kabari and was earning
an amount of Rs.10,000/- per month. He was 44 years of age on the date of
accident. He left behind nine dependents, i.e., a widow wife, seven sons
and a daughter.
6. It is a settled law that if the claimants failed to prove the income of the
deceased or injured, his income has to be assessed as per the Minimum
Wages Act.
7. Therefore, I am of the considered opinion, Ld. Tribunal has rightly
assessed the monthly income of the deceased as per the Minimum Wages
Act applicable to an unskilled worker.
8. As far as the issue of future prospects is concerned, this issue has been
dealt by this court in the case of bearing MACA No.846/2011 titled as
ICICI Lombard General Insurance Co. Ltd. Vs. Angrej Singh & Ors.,
decided on 30.09.2013 while relying upon the dictum of Rajesh and Ors.
Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563.
9. Admittedly, the age of the deceased on the date of accident was 44
years. Therefore, I find no fault in adding 30% of his actual income towards
future prospects.
10. In view of above, I do not find any merit in the instant appeal. Same
is accordingly dismissed.
11. The statutory amount be released in favour of the appellant.
CM. No.5762/2014 (for stay)
With the dismissal of the appeal itself, instant application has become
infructuous and dismissed as such.
SURESH KAIT, J
APRIL 03, 2014
Jg/RS
