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2014 Supreme(Del) 1372

SURESH KAIT
Kasim @ Pappu – Appellant
Versus
Kunwar Nath – Respondent


Advocates:
Advocate Appeared:
For the Appellant:O.P. Mannie, Advocate.
For the Respondents:R3, K.L. Nandwani, Advocate.

Judgment :

Suresh Kait, J. (Oral)

1. The present appeal has been preferred against the impugned award dated 20.02.2013, whereby, Ld. Tribunal has awarded compensation for an amount of Rs.1,98,679/- with interest @ 7.5% per annum from the date of filing of the Claim Petition till realization of the amount.

2. Vide the present appeal, the appellant is seeking enhancement of the compensation amount as noted above.

3. Mr. O.P. Mannie, Ld. Counsel appearing on behalf of the appellant submits that the appellant received injuries in an accident took place on 25.08.2008. He was 20 years of age on the date of accident and was working as a motor mechanic at a shop and stated to be earning Rs.5,000/- per month. Since, he has failed to prove his avocation and salary, Ld. Tribunal has assessed his monthly income as Rs.3,683/- as per the Minimum Wages Act, 1948 applicable to unskilled worker prevalent at that time.

4. Mr. Mannie, further submits that in view of the facts noted above, Ld. Tribunal ought to have added 50% in his actual income towards future prospects, however, has erred in adding 30% to the same.

5. To strengthen his arguments, Ld. Counsel has relied upon a case of Rajesh and Ors.









































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