Delhi High Court
Smt Sonia vs Sh Surjeet Singh & Ors. on 24 March, 2022
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 24th March, 2022
+ MAC.APP. 105/2021&CM APPL. 7224/2021 (additional
evidence)
SMT SONIA ..... Appellant
versus
SH SURJEET SINGH & ORS. ..... Respondents
Advocates who appeared in this case:
For the Appellants: Mr. Anuj Soni, Advocate (through VC)
For the Respondent: Mr. Pradeep Gaur, Advocate for Ins. Co.
(through VC)
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J
1. Appellant/claimant impugns award dated 19.12.2020 seeking
enhancement of the award.
2. Learned counsel for the appellant submits that the deceased was
a practicing Advocate and the Tribunal has erroneously taken the
minimum wage of a graduate and not taken into account his income
that he would have earned as an Advocate.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:24.03.2022
Signing Date:25.03.2022 12:17:01 21:01
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
3. Learned counsel submits that since the deceased was the sole
earning member of the family and has left behind a wife, aged father
and a minor son, they were not in a position to obtain evidence and
produce the same before the Tribunal to show his income.
4. Learned counsel submits that appellant has been able to now
obtain the bank statement of the deceased which shows regular
deposit of the fee amount into his account. He submits that there are
other evidences also available to show that he was practicing as an
Advocate.
5. It is prayed that the matter be remitted to the Tribunal on a
limited aspect of enhancement to enable the appellant to lead further
evidence for seeking enhancement of the compensation amount.
6. Keeping in view the facts and circumstances and also the fact
that additional evidence has been produced before this Court, I am of
the view that the impugned order requires a remit to the limited extent
of enabling the appellant to lead additional evidence in support of
their claim for enhancement of the compensation amount.
7. In view of the above, the matter is remitted to the Tribunal.
Appellant shall be permitted to file additional evidence and prove the
same in accordance with law in support of their claim for
enhancement of compensation.
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:24.03.2022
Signing Date:25.03.2022 12:17:01 21:01
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
8. Respondent/insurance company shall also be afforded
opportunity of leading evidence in rebuttal.
9. After the evidence is led, Tribunal shall re-examine the award
only to the limited extent of the claim of the appellant for
enhancement.
10. The appeal is allowed in the above terms.
11. The parties shall appear before the Tribunal on 26.04.2022.
SANJEEV SACHDEVA, J
MARCH 24, 2022
'rs'
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digital Signed By:KUNAL SACHDEVA
MAGGU Signing Date:24.03.2022
Signing Date:25.03.2022 12:17:01 21:01
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
