NATIONAL INSURANCE CO LTD. Vs. HARISH CHANDER BHATT

JUDGEMENT

(1.) THE present appeal is directed against the impugned award dated 18.08.2012 and the amended order dated 26.09.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.22,97,000/ - with interest at the rate of 9% per annum from the date of filing of the petition till realization of the amount.

(2.) BRIEF facts of the case are that on 05.02.2011 at about 8.42 am, the respondent No. 1 was going on his scooter bearing No. DL 3SX 6280. When he reached in front of Central School, Masjid Moth, Sadiq Nagar, a bus bearing No. DL1PA7510, being driven rashly and negligently by respondent No. 2, hit his scooter. He fell down and sustained injuries. He was removed to JPN Apex Trauma Center, AIIMS, where his MLC was prepared. Accordingly, a case vide FIR No. 20/11 at Police Station Defence Colony was registered.

(3.) MR .Tyagi, further submits that relying upon the aforesaid appointment letter dated 12.08.2009, the learned Tribunal has assessed the salary of the respondent No.1 as Rs.22,160/ - per month. Admittedly, the accident had taken place on 05.02.2011 and pursuant to aforesaid letter dated 12.08.2009, respondent No.1 did not join that employment. Thus, it is established that on the date of the accident and as claimed in the claim petition, the respondent No.1 at best was earning only Rs.8,000/ - per month from tuitions. Thus, the learned Tribunal ought to have considered the income of the respondent No.1 accordingly.