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2023 Supreme(Del) 3103

NAVIN CHAWLA
Oriental Insurance Company Limited – Appellant
Versus
Sandeep Kumar – Respondent


Advocates appeared:
Mr.Abhishek Gola & Mr.Anshul Kumar, Advocates, for the Appellant.
Mr.V.P. Singh Bidhuri, Advocate, for the Respondent-1 to 4.

JUDGMENT

Navin Chawla, J. (Oral)--The present appeal has been filed challenging the Award dated 04.06.2022 passed by the learned Motor Accidents Claims Tribunal, East District, Karkardooma Courts, Delhi (hereinafter referred to as the `Tribunal') in MACP No. 80/2017 inter alia awarding Rs.17,92,224/- as compensation to the Claimant/husband of the deceased on the account of loss of dependency.

2. The learned counsel for the appellant submits that the learned Tribunal has erred in awarding the compensation on the above head. He submits that the learned Tribunal erred in taking the notional income of the deceased, who was admittedly a housewife/home-maker, at the minimum wages as notified by the State of Uttar Pradesh for the relevant period for a skilled worker, that is, Rs.8,890/- per month.

3. Placing reliance on the judgment of the Supreme Court in Rajendra Singh and Others v. National Insurance Company Limited and Others, (2020) 7 SCC 256, he submits that the notional income of the deceased should have been taken at Rs.5,000/- per month at the time of her death.

4. He further submits that, in any case, as the educational qualification of the deceased was not proved on record an

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