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B. S. WALIA
United India Insurance Company Ltd. – Appellant
Versus
Shanno – Respondent
JUDGMENT
B.S. Walia, J. (Oral)
Prayer in the appeal is for reduction of compensation of Rs.24,92,912/- awarded to therespondents claimants by the learned Motor Accident Claims Tribunal, Karnal. Learned Counsel contends that income of the deceased ought to have been assessed as per the minimum wages under the MINIMUM WAGES ACT instead of on the basis of average of Minimum Wages fixed by the Labour Commissioner, Haryana and the rate of wages fixed by the Deputy Commissioner, Karnal. Learned Counsel further contends that deduction towards personal expenses of the deceased ought to have been @ 50% instead of @ 1/3rd of the income of the deceased as made by the learned Tribunal.
2. Notice of motion to respondent Nos.1 and 2 only as learned counsel for the appellant contends that the award imposes liability on the appellant Insurance Company and the owner and driver jointly and severally. In view of the statement of learned counsel for the appellants, notice to respondent Nos.3 and 4 is dispensed with.
3. Mr. Rajiv Kumar Saini, learned counsel for Cavetaor- respondent Nos.1 and 2, who is present in Court, accepts notice and vehemently opposes the prayer for reduction by contending that
Compensation in motor accident cases should be assessed based on actual income and future prospects, not solely on minimum wage standards.
The court concluded that minimum wage standards guide but must not constrain just compensation in motor vehicle accidents, allowing for comprehensive income assessments.
Compensation in accident claims must be just and fair, considering all evidence, without rigid adherence to statutory minimums.
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