Delhi High Court
National Insurance Company Ltd. vs Smt Hazra Begum & Ors. on 14 March, 2014
Author: Suresh Kait
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:14th March, 2014
+ MAC.APP. 1013/2013
NATIONAL INSURANCE COMPANY LTD. ..... Appellant
Represented by: Ms.Archana Gaur, Advocate.
Versus
SMT HAZRA BEGUM & ORS. ..... Respondents
Represented by: Mr.S.N.Parashar, Advocate
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. The instant appeal is preferred against the impugned award dated
29.07.2013, whereby the learned Tribunal has granted compensation for an
amount of Rs.18,86,100/- with interest at the rate of 7.5% per annum from
the date of filing of the claim petition till realization of the amount.
2. Learned counsel appearing on behalf of the appellant/Insurance
Company submits that the learned Tribunal has erred in calculating the
monthly income of the deceased as Rs.25,000/- despite the fact that the
claimants have failed to prove that the deceased was employed somewhere
and was earning any amount.
3. On perusal of the trial court record, as per the testimony of PW1, i.e.,
father of deceased, the deceased was a graduate and qualified various IT
Courses. To this effect, he proved the fee receipts (running into ten pages)
as Ex.PW1/2 (collectively). He also proved the fee receipt of Gurgaon
College of Engineering (running into four pages) as Ex.PW1/3 (collectively)
and an enrolment in Haryana Employment Exchange as Ex.PW1/4. He has
also proved the certificate issued by Jamia Aligarh University regarding
'ADEEB-E-KAMIL', done in 2004 in Urdu, which is equivalent to JBT, as
Ex.PW1/6. He was studying in the final year of MBA in Gurgaon College
of Engineering. He was very actively involved in the extracurricular
activities in the college/State level in Cricket and also in singing and
dancing.
4. Further deposed that the deceased was so passionate about his stream
of study and having pursued higher studies in MBA, there was all likelihood
of his working as HR at multinational level. Original certificate of Cricket
Tournament was proved as Ex.PW1.5, copy of bona fide certificate issued
by Gurgaon College of Engineering as Ex.PW1/8, copy of provisional
certificate of Graduation as Ex.PW1/9 and photocopies of the identity cards
of Gurgaon College of Engineering and Tara Kendra Computer Engineering
Institute as Ex.PW1/12 and PW1/3 respectively.
5. While assessing the income of the deceased as Rs.25,000/- per month,
the learned Tribunal has relied upon a case bearing MAC. APP. No.212-
213/2006, titled as 'Ramesh Chander Joshi & Ors. Vs. New India
Assurance Company Ltd.', decided on 20.01.2010, wherein the deceased
was aged about 19 years and 24 days on 30.07.2004, i.e., at the time of the
accident and was student of Ist year of Bachelor of Engineering (Bio
Technology) in Delhi College of Engineering. The learned Tribunal took
the average notional income of the deceased as Rs.20,500/- per annum.
While disposing the aforesaid appeal, this Court held that after completing
the engineering course, the earning capacity of the deceased must have
enhanced and accordingly assessed his income as Rs.38,333/- per month
(Rs. 4.6 lacs per annum).
6. Admittedly, in the present case, the deceased was a young boy of 26
years and pursuing final year of MBA. While awarding the compensation,
the earning capacity of the deceased has to be taken on the basis of
educational qualification and had he been completed MBA, he would
certainly earn a handsome salary. The deceased was having a bright future as
discussed above. As per admit card Ex.PY, it is established that he was
qualified Teacher, however, the said admit card was received after his
demise from the Delhi Subordinate Services Selection Board.
7. The learned Tribunal has opined that the deceased would have got the
placement between the package of 3,00,000/- to 4,00,000/- or more as he
was a qualified Engineer and pursuing final year of MBA.
8. Keeping in view the qualification in the credit of the deceased, I do
not find any discrepancy in the order of the learned Tribunal qua assessing
the income of the deceased as Rs.25,000/- per month.
9. Finding no merits in the instant appeal, the same is dismissed
accordingly.
10. Consequently, the Registry of this Court is directed to release the
statutory amount in favour of the appellant/Insurance Company and the
balance compensation amount in favour of the respondent No.1/claimant in
terms of the award dated 29.07.2013 passed by the learned Tribunal on
taking necessary steps by her.
SURESH KAIT, J.
MARCH 14, 2014
Sb/RS
