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2014 Supreme(Del) 2911

SURESH KAIT
New India Assurance Co Ltd. – Appellant
Versus
Ganga Devi – Respondent


Advocates:
For the Petitioner: Ms. Sakshi Gupta, Adv.
For the Respondents: Ms. Santha Devi Raman and Mr. V.K. Vashishth, Advs.

JUDGMENT :

SURESH KAIT, J. (Oral)

1. The present appeal has been preferred against the impugned award dated 14.11.2011, whereby Ld. Tribunal has awarded compensation for an amount of Rs.8,38,700/- with interest @ 7.5% per annum from the date of filing of the Claim Petition till realization of the amount.

2. Ms. Sakshi Gupta, Ld. Counsel appearing on behalf of the appellant submits that the claimants have claimed that the deceased was working as a driver on the date of accident and was earning Rs.8,000/- per month. However, neither the avocation of the deceased nor his earning was proved by the claimants. Therefore, Ld. Tribunal has assessed his monthly income as Rs.3,700/- as per the minimum wages applicable to an unskilled person.

3. Ms. Sakshi further submits that the Ld. Tribunal added 50% in his actual income towards future prospects contrary to the dictum of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121, which has been further affirmed by the Full Bench of the Supreme Court in the case of Reshma Kumari and Ors. Vs. Madan Mohan & Anr. (2013) 9 SCC 65.

4. No other issue has been argued










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