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1994 Supreme(MP) 342

S.K.CHAWLA, T.S.DOABIA
Oriental Insurance Co. Ltd. – Appellant
Versus
Mst. Chhotibai And 5 Ors. – Respondent


JUDGMENT

S.K. Chawla, J.

1. In support of this appeal by the Insurance Company seeking reduction of the amount of award, it was contended that the monthly income of deceased Deendayal, who was a worker in permanent employ of J.C. Mills at Gwalior, was only the Rs. 906.40 per month as per income certificate Ex. P. 3, and not Rs. 1200/- or 1300/- as wrongly assessed by the Claims Tribunal. Even so, the prospects of advancement in future career also needed to the taken into consideration arriving at the figure of income of the deceased. See General Manager, Kerala State Road Transport Corporation, Trivandrum v. Susamma Thomas (Mrs) and Ors. in (1994) 2 Supreme Court Cases 176. There was evidence that had the deceased been alive, he would have got like other permanent workers, monthly salary of Rs. 2,000/- per month on the date of the evidence adduced in the case. No exception can, therefore, be taken, the monthly income of the deceased was assessed at Rs. 1200/- or 1300/- and deducting nearly 1/3rd as living expenses of the deceased, in estimating the loss of monthly dependency to be Rs. 800/- or Rs. 9600/- on annual basis.

2. It was further contended in support of the appeal that a lowe




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