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2016 Supreme(P&H) 166

DARSHAN SINGH
Oriental Insurance Company Limited – Appellant
Versus
Malti Devi – Respondent


Advocates:
Advocate Appeared:
Mr. D.P. Gupta, Advocate for the Appellant.

JUDGMENT :

DARSHAN SINGH, J.

1. The appellant-Oriental Insurance Company Limited has directed this appeal against the award dated 18.11.2014, passed by the learned Motor Accidents Claims Tribunal, Rewari (hereinafter called the Tribunal), vide which claimants-respondents No. 1 to 5 have been awarded compensation to the tune of Rs. 14,40,000/- along with interest @ 6% per annum from the date of filing the petition till realisation on account of the death of Sudhir Jha in the motor vehicular accident, which took place on 3.11.2011.

2. I have heard Mr. D.P. Gupta, Advocate, learned counsel for the appellant and gone through the paper-book carefully.

3. Learned counsel for the appellant contended that deceased Sudhir Jha was neither a government employee nor he was the permanent employee. His employment with Speedo Max Company, Sidhrawali could not be established. The learned Tribunal has considered the minimum wages of an unskilled labourer fixed by the Haryana Government at the rate of Rs. 6000/- per month to compute the compensation. Thus, he contended that as the deceased was only a casual and unskilled worker, so the learned Tribunal was not justified in awarding 50% future prospec








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