Oriental Insurance Co. Ltd. vs Sumit Sharma & Ors.
2014 Latest Caselaw 1427 Del

$~8
*   IN THE HIGH COURT OF DELHI AT NEW DELHI

%                              Judgment delivered on: 18th March, 2014

+                          MAC.APP. No.867 /2010


ORIENTAL INSURANCE CO. LTD.                         ..... Appellant
             Represented by: Ms. Savita Singh and Mr.Puneet
                             Verma, Advocates.

                    Versus

SUMIT SHARMA & ORS.                                         ..... Respondents
            Represented by:              Mr. Deepak Bhandari, Advocate for
                                         Respondent No.1.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. The present appeal is preferred against the impugned award dated 08.07.2010, whereby the learned Tribunal has granted compensation for an amount of Rs.17,72,500/- with interest at the rate of 7.5% per annum from the date of filing of the petition till realization of the amount.

2. Learned counsel appearing on behalf of the appellant/Insurance Company submits that the respondent No.1/claimant has failed to prove his salary, despite that while computing the loss of earning capacity due to disability, the learned Tribunal has assessed the annual income of the claimant / injured as Rs.1,85,000/- per annum.

3. On perusal of the record, it is revealed that the respondent No.1/claimant had deposed that he was working as a Dealer/Office Executive in Unicon Investment Solutions and was earning Rs.1.32 lakhs per annum. He has proved on record the letter issued by the said establishment as Ex.PW1/8. As per the salary statement Ex. PW3/1, issued by the employer, monthly gross salary of the respondent No.1/claimant was Rs.11,000/- per month. He further deposed that he was also working part time as LIC Agent and during the assessment year 2006-07, his commission as an LIC Agent was Rs.52,129/-. He has proved the statement of LIC commission as Ex.PW1/10.

4. The appellant/Insurance Company has not led any evidence to disprove the income of the respondent No.1/claimant.

5. Even in this appeal no steps have been taken by the appellant company to rebut the claim filed by the respondent No.1/injured.

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

7. Consequently, the Registry of this Court is directed to release the statutory amount in favour of the appellant/Insurance Company and the balance compensation in favour of the respondent No.1/injured in terms of the award dated 08.07.2010.

SURESH KAIT, J.

MARCH 18, 2014 sb/jg