Shelesh & Ors. vs Veer Singh & Ors.
2019 Latest Caselaw 3285 Del

$~28
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                                Decided on: 18.07.2019

+                        MAC.APP. 216/2019

       SHELESH & ORS.                                     ..... Appellants
               Through:        Mr. S.N. Parashar, Advocate.

                         Versus

    VEER SINGH & ORS.                          ..... Respondents
             Through: Mr. A.K.Soni, Advocate for Insurance
                      Company.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI

NAJMI WAZIRI, J. (Oral)

1. The appellants are aggrieved by the award of compensation on two counts. Firstly, that the deceased being a matriculate, the minimum wages applicable to a matriculate in Delhi, where the deceased was temporarily residing, should have been considered by the learned Tribunal, while awarding the loss of dependency. In any case, the minimum wages for a matriculate applicable in Uttar Pradesh ought to have been taken into consideration.

2. This argument is untenable because in his evidence by way of affidavit filed by Mr. Shelesh, husband of the deceased, states, inter alia, that the accident happened on 09.10.2016 somewhere near Village Sancholi, Police Station Sohna, Gurgaon, Haryana, while he alongwith his wife Suman and children were going to Rajasthan from Firozabad, Uttar Pradesh.

In his cross-examination, he admits that he earns Rs.5,000/- per month. He does not state anywhere that he was working in Delhi or was a resident of Delhi. In the circumstances, the minimum wages of a matriculate in Delhi would not be applicable.

3. Apropos the second argument that the deceased was 10 th class passed, the Court finds substance in the said argument because the learned Tribunal has relied upon a certificate issued by the Board of High School and Intermediate Education, Uttar Pradesh, certifying that Suman daughter of Charan Devi had passed in second division. The certificate is dated 27.05.2005 issued at Allahabad. The mark sheet is also attached at page no. 175 of the LCR.

4. In view of the above, the minimum wages applicable to a matriculate in Uttar Pradesh, at the relevant time, would be applicable and the award of compensation would be computed on that basis.

5. The Insurance Company will carry out the exercise of computation of the requisite amount and deposit the same before the learned Tribunal within a period of six weeks from the date of receipt of a copy of this order, for it being released to the beneficiary(ies) of the Award, in terms of the scheme of disbursement specified therein.

6. The appeal is allowed and disposed-off in the above terms.

NAJMI WAZIRI, J.

JULY 18, 2019 sb