Back
IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Cholamandalam Ms General Insurance Co. Ltd. - Appellant
Versus
Anita - Respondent
MAC.APP. 70 of 2021 & CM Appls. 4690 of 2021 and 4691 of 2021
Decided On : 09-02-2021
| Table of Content |
|---|
| 1. overview of appeal and compensation awarded (Para 1 , 2) |
| 2. dispute over deceased's salary (Para 3 , 4 , 5 , 7) |
| 3. court's modification of salary for compensation (Para 6 , 8 , 9) |
| 4. conclusion and procedural directions (Para 10 , 11 , 12 , 13) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--The hearing was conducted through video conferencing.
2. Appellant impugns award dated 10.09.2020 (as rectified by award dated 28.09.2020) whereby the claim petition filed by respondents Nos.1 to 5 has been allowed and compensation awarded.
3. Learned counsel appearing for the appellant contends that the only issue arising in the present appeal is with regard to the salary of the deceased.
4. Learned counsel submits that the deceased on the date of the accident was drawing a salary of Rs.33,060/- as is evident from his pay slip for the month of December, 2012 which is annexed as Annexure A-4. Learned counsel submits that the Tribunal has relied on the testimony of a witness who had exhibited Form 16A wherein the salary for 9 months was shown as Rs.40,723/- per month.
5. Learned counsel submits that the Tribunal has erred in taking the salary as Rs.40,723/- per month whereas the salary was Rs.33,060/- per month.
6. Issue notice. Notice is accepted by learned counsel appearing for respondent Nos.1 to 5. Since respondent Nos.6 & 7 are the driver and owner respectively and no relief is claimed against them, service of respondent Nos.6 & 7 is discharged.
7. Learned counsel for the respondent concedes that the last drawn salary of the deceased was Rs.33,060/- per month as is evident from the pay slip. Learned counsel submits that he has no objection in case the award is modified by taking the salary of the deceased as Rs.33,060/- per month instead of Rs.40,723/- per month.
8. In view of the above, the appeal is allowed to the said limited extent. Salary of the deceased is taken as Rs.33,060/- per month instead of Rs.40,723/- per month. The remaining award is accordingly upheld.
9. In view of the above, matter is remitted to the Tribunal for the limited purpose of computing the compensation by taking the salary as Rs.33,060/- per month instead of Rs.40,723/-.
10. Parties shall appear before the Tribunal on 24.02.2021. Tribunal shall compute the amount within a maximum period of two weeks from the said date. On re-computation of the amount, appellant shall forthwith deposit the recomputed amount with the Tribunal and Tribunal shall disburse the amount to the claimants in terms of the scheme of disbursal as provided by the award.
11. The statutory deposit made by the appellant be released to the appellant.
12. The appeal is allowed in the above terms.
13. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.
AI
The court ruled that undisputed facts regarding the deceased's salary necessitate recalculation of compensation, highlighting the importance of accurate data in awarding damages.
The main legal point established is that compensation in motor vehicle accident cases should be based on the deceased's actual salary at the time of the accident, supported by credible evidence.
The main legal point established is that the court must consider the deceased's actual income and apply the correct rate of interest as per the legal provisions under the Employees’ Compensation Act.
The court established that proven salary certificates take precedence over minimum wage calculations in determining compensation for motor accident claims.
Point of law: Tribunal had awarded interest at the rate of 12% p.a. but the same had been too high a rate in comparison to what is ordinarily envisaged in these matters. The High Court, after making ....
The assessment of compensation must consider accurate salary details and dependency, with the Tribunal's findings upheld.
The court reinforced the importance of accurate salary assessment and proper consideration of future prospects in determining compensation in fatal accident claims.
The court modified the compensation amount based on agreed gross pay, emphasizing accurate income assessment for just compensation under the Motor Vehicle Act.
Assessment of compensation must consider accurate income details and future prospects, ensuring fair compensation to the claimants.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
