ORIENTAL INSURANCE COMPANY LTD Vs. MALTI DEVI AND OTHERS
LAWS(P&H)-2016-2-373
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 01,2016

ORIENTAL INSURANCE COMPANY LTD Appellant
VERSUS
Malti Devi And Others Respondents

JUDGEMENT

- (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 03.11.2011.
(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 prospects towards the income of the deceased. To support his contentions, he relied upon case National Insurance Company Ltd. Vs. Pushpa and others, 2015 9 SCC 166. Thus, he contended that the amount of compensation calculated by the learned Tribunal is exorbitant.;


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