SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(Del) 1276

SURESH KAIT
ICICI Lombard General Insurance Co Ltd. – Appellant
Versus
Angrej Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Navneet Kumar, Advocate.
For the Respondents:R1 to R3, Navneet Goyal, Advocate.

Judgment :

Suresh Kait, J.

1. Instant appeal has been preferred against the impugned award dated 10.03.2011 whereby ld. Tribunal has granted compensation for a sum of Rs.5,76,500/- with interest @ 7.5% per annum from the date of filing of the petition till realization.

2. Ld. Counsel appearing on behalf of the appellant submitted that in the Claim Petition, claimants have claimed that deceased was earning a sum of Rs.5,200/- per month as he was employed as an Electrician with M/s. M.R. Switchwell at Vishal Retail Ltd., Bakoli Warehouse. The claimants have placed on record the certificate of the employer of the deceased dated 13.11.2008, which shows that the deceased was getting monthly salary of Rs.4,500/-. Since no evidence has been brought on record by the appellant / insurance company to show that the salary certificates were not correct or genuine, therefore, ld. Tribunal has considered the salary certificate Ex.PW1/1 as the last drawn salary of the deceased at Rs.4,500/- for ascertaining the loss of dependency.

3. Ld. Counsel for the appellant has argued that the claimants failed to establish that he was in a permanent job. Despite that ld. Tribunal has added 50% towards fut








































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top