Smt. Geeta Pal & Anr. vs Sh. Kashmir Khan & Ors.
2014 Latest Caselaw 1221 Del

$~45
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                            Judgment delivered on: 6th March, 2014

+                         MAC.APP. No.674 /2013


SMT. GEETA PAL & ANR.                                        ..... Appellants
              Represented by:           Ms. Monika for Mr.S.N. Parashar,
                                        Advocate.

                    Versus

SH. KASHMIR KHAN & ORS.                                    ..... Respondents
              Represented by:           Mr.Archana Gaur, Advocate for
                                        Respondent No.3/Insurance
                                        Company.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. The present appeal is directed against the impugned award dated 13.08.2010, whereby the learned Tribunal has granted compensation for a sum of Rs.7,16,528/- with interest at the rate of 7.5% per annum from the date of filing of the petition, i.e., 31.08.2009 till the notice under Order XXI Rule 1 was given by the Insurance Company.

2. Vide the present appeal, the appellants are seeking enhancement of the compensation as noted above.

3. Learned counsel appearing on behalf of the appellants has argued solely on the ground that the learned Tribunal has not considered the income

of the deceased properly. In the claim petition, the claimants have stated that the deceased was working with some private establishment and was earning Rs.6,272/- per month.

4. I note, in Para 12 of the impugned award, PW1 himself in his examination-in-chief, stated that he would not be able to bring the proof of income of the deceased and requested the learned Tribunal that the income of the deceased may be assessed on the basis of the Minimum Wages Act, 1948. Accordingly, the learned Tribunal has considered the income of the deceased as Rs.4,694/- as per the minimum wages applicable to a Graduate at the relevant time.

5. In view of the above, I do not find any merit in the instant appeal. The same is accordingly dismissed.

SURESH KAIT, J.

MARCH 06, 2014 Sb/jg