Delhi High Court
Cholamandalam Ms Gen Ins Co. vs Smt Anita & Ors. on 9 February, 2021
$~23
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 09.02.2021
+ MAC.APP.70/2021 & CM APPL.4690/2021 & 4691/2021
CHOLAMANDALAM MS GENERAL INSURANCE CO.LTD
..... Petitioner
versus
SMT. ANITA & ORS. .....Respondents
Advocates who appeared in this case:
For the Petitioner: Mr. Pankaj Gupta, Advocate.
For the Respondent: Mr. Anand V.Khatri, Advocate for R-1 to 5.
CORAM:-
HON'BLE MR JUSTICESANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The hearing was conducted through video conferencing.
2. Appellant impugns award dated 10.09.2020 (as rectified by
award dated 28.09.2020) whereby the claim petition filed by
respondents Nos.1 to 5 has been allowed and compensation awarded.
3. Learned counsel appearing for the appellant contends that the
only issue arising in the present appeal is with regard to the salary of
the deceased.
4. Learned counsel submits that the deceased on the date of the
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:09.02.2021 22:44:33 MAC.APP.70/2021 Page 1
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
accident was drawing a salary of Rs.33,060/- as is evident from his
pay slip for the month of December, 2012 which is annexed as
Annexure A-4. Learned counsel submits that the Tribunal has relied
on the testimony of a witness who had exhibited Form 16A wherein
the salary for 9 months was shown as Rs. 40,723/- per month.
5. Learned counsel submits that the Tribunal has erred in taking
the salary as Rs. 40,723/- per month whereas the salary was Rs.
33,060/- per month.
6. Issue notice. Notice is accepted by learned counsel appearing
for respondent Nos.1 to 5. Since respondent Nos.6 & 7 are the driver
and owner respectively and no relief is claimed against them, service
of respondent Nos.6 & 7 is discharged.
7. Learned counsel for the respondent concedes that the last drawn
salary of the deceased was Rs. 33,060/- per month as is evident from
the pay slip. Learned counsel submits that he has no objection in case
the award is modified by taking the salary of the deceased as Rs.
33,060/- per month instead of Rs. 40,723/- per month.
8. In view of the above, the appeal is allowed to the said limited
extent. Salary of the deceased is taken as Rs. 33,060/- per month
instead of Rs. 40,723/- per month. The remaining award is
accordingly upheld.
9. In view of the above, matter is remitted to the Tribunal for the
limited purpose of computing the compensation by taking the salary
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:09.02.2021 22:44:33 MAC.APP.70/2021 Page 2
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
as Rs.33,060/- per month instead of Rs. 40,723/-.
10. Parties shall appear before the Tribunal on 24.02.2021. Tribunal
shall compute the amount within a maximum period of two weeks
from the said date. On re-computation of the amount, appellant shall
forthwith deposit the recomputed amount with the Tribunal and
Tribunal shall disburse the amount to the claimants in terms of the
scheme of disbursal as provided by the award.
11. The statutory deposit made by the appellant be released to the
appellant.
12. The appeal is allowed in the above terms.
13. Copy of the Order be uploaded on the High Court website and
be also forwarded to learned counsels through email.
SANJEEV SACHDEVA, J.
FEBRUARY 09, 2021
rk
Signature Not Verified
Digitally Signed By:KUNAL
MAGGU
Signing Date:09.02.2021 22:44:33 MAC.APP.70/2021 Page 3
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
