Angad Tiwari vs National Insurance Company Limited

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1855

PAMIDIGHANTAM SRI NARASIMHA, SANDEEP MEHTA
Angad Tiwari – Appellant
Versus
National Insurance Company Limited – Respondent

Advocates Appeared:
For the Petitioner: Mr. Santosh Kumar Pandey, AOR
For the Respondent: Mr. S.K. Ray, Adv., Ms. Neetika Chaturvedi, Adv., Mr. Abhishek Swarup, Adv., Mr. Mohit Chaturvedi, Adv., Mr. Chetan Sharma, Adv., M/s. Manoj Swarup And Co., AOR

Table of Content
1. overview of compensation claim and previous rulings. (Para 2 , 3 , 4)
2. argument for minimum wage as income basis. (Para 5)
3. court's decision to enhance compensation. (Para 6)
4. final order for compensation payment. (Para 7 , 8)

ORDER :

1. Delay condoned. Leave granted.

2. This appeal arises from the decision of the High Court in First Appeal from Order No.747/2013 dated 31-05-2022.

3. The appellant-claimant filed a Claim Suit No.125/2012 before the Motor Accident Claims Tribunal (“the Tribunal” for short], Faizabad, which by its order dated 30.11.2012 granted compensation of Rs.2,54,000/-. On the ground that there is no proof of income, the Tribunal calculated the monthly income at the rate of Rs.1500/- and arrived at a figure of Rs. 18000/- per year.

4. In appeal, the High Court enhanced the compensation to a sum of Rs.5,96,000/-.

5. Learned counsel for the appellant submits that the minimum wage at the relevant time was Rs.200/- per day, and consequently the monthly income would be a minimum of Rs. 6000/- per month. He has therefore submitted that the compensation must be determined on the basis of income calculated at Rs.6000/- per month. We agree with the submiss

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