NAJMI WAZIRI, J. - (1.) This appeal impugns the award of compensation dated 03.03.2016 passed by the learned MACT in Suit No. 168/2014 on the ground that while computing compensation towards 'loss of dependency', the relevant minimum wages applicable to a Graduate was not applied. The motor vehicular accident occurred on 21.03.2014; that as per the notification of the Govt. of NCT of Delhi, the minimum wages applicable to a Graduate w.e.f. 01.10.2013 was Rs. 10,686/- and the same would be applicable.
(2.) However, the learned counsel for the insurer submits that the deceased was not a graduate but only a student of Bachelor of Hospitality Management from Kumaun University, Nainital. It has been proven by the appellants that the deceased was in the prime of his life, he was 24 years old at the time of the motor vehicular accident and was earning Rs. 7,688/- by working as an intern with M/s RTC Restaurants India Ltd. This salary of the deceased was accepted by the learned Tribunal. In this regard, it held as under: "20.Income: PW1 in his cross examination stated that his deceased son was working in hotel but he does not know in which hotel he was working. His son was getting salary in cash. He is not aware about which job work and designation in the said hotels. He has not filed any offer letter/appointment letter pertaining to the job of his deceased son. He also does not know since how long his deceased son was working in the hotel. He does not know about the salary of his son. He does not know whether his deceased son was paying income tax or not. For proving the same, he filed on record salary slips for the month of December 2013 and March 2014 issued from RTC Restaurants (India) Limited (Ex, PWl/5 (colly) and his salary is mentioned as Rs. 7688/- per rnonth. Employee I card of deceased Kuldeep Singh issued from RTC Restaurants (India) Limited, 705, Chiranjiv Towaer, 7th Floor, 43, Nehru Place, New Delhi is also on record which shows that designation of deceased is Server and his date of joining is 28.10.2013, therefore income of deceased is assessed as 7688/- per month."
(3.) The Court would note that the emoluments in the hotel and catering industry are not limited to the salary, but a cognizable portion of it comes through tips given by gratified customers. Ordinarily these tips would depend upon the class of the restaurant and hotel where the interns or service providers are engaged. The deceased was working with M/s RTC Restaurants (India) Ltd., 705, Chiranjiv Tower, 7th Floor, 43, Nehru Place, New Delhi. Surely this place would be frequented by many patrons, as it is located in a well known commercial hub of the city. Therefore, a fair assessment of tips in any restaurant in Nehru Place would be an amount not less than Rs. 6,000/-. Let this amount be added to the monthly salary of the deceased. The monthly income would then be Rs. 13,688/-.;