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2013 Supreme(Del) 2448

SURESH KAIT
Mirajuddin – Appellant
Versus
Shonki Ram – Respondent


Represented by:Mr. Sanjay Luthra , Mr.M.S. Aggarwal, Advocates.
Represented by:Mr. A.K.Soni, Advocate for Respondent No.3/Insurance Company.

JUDGMENT :

Suresh Kait, J.

1. The appellant has assailed the impugned award dated 16.03.2011, whereby the learned Tribunal has granted compensation for a sum of Rs.10,23,896/- with interest at the rate of 7.5% per annum from the date of filing of the petition till realization.

2. Instant appeal has been filed for enhancement of the compensation amount noted above.

3. Learned counsel appearing on behalf of the appellant has argued that though the appellant/injured was in the printing business, but he could not prove his income, therefore, the learned Tribunal has assessed the income of the appellant/injured as Rs.3,953/- per month on the basis of the minimum wages applicable to an unskilled person at the relevant time. However, the learned Tribunal has not added any amount towards future prospects.

4. To support his submissions he has relied upon a case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, wherein the Supreme Court has held as under:-

“11. Since, the Court in Santosh Devi's case (supra) actually intended to follow the principle in the case of salaried persons as laid in Sarla Verma's case (supra) and to make it applicable also to the self-employed and persons o




















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