Full Text
HIGH COURT OF DELHI
JUDGMENT
SMT. GEETA PAL & ANR. ..... Appellants Represented by: Ms. Monika for Mr.S.N. Parashar, Advocate.
Respondent No.3/Insurance Company.
1. The present appeal is directed against the impugned award dated 13.08.2010, whereby the learned Tribunal has granted compensation for a sum of Rs.7,16,528/- with interest at the rate of 7.5% per annum from the date of filing of the petition, i.e., 31.08.2009 till the notice under Order XXI Rule 1 was given by the Insurance Company.
2. Vide the present appeal, the appellants are seeking enhancement of the compensation as noted above.
3. Learned counsel appearing on behalf of the appellants has argued solely on the ground that the learned Tribunal has not considered the income 2014:DHC:1253 MAC.APP. 674/2013 of the deceased properly. In the claim petition, the claimants have stated that the deceased was working with some private establishment and was earning Rs.6,272/- per month.
4. I note, in Para 12 of the impugned award, PW[1] himself in his examination-in-chief, stated that he would not be able to bring the proof of income of the deceased and requested the learned Tribunal that the income of the deceased may be assessed on the basis of the Minimum Wages Act,
1948. Accordingly, the learned Tribunal has considered the income of the deceased as Rs.4,694/- as per the minimum wages applicable to a Graduate at the relevant time.
5. In view of the above, I do not find any merit in the instant appeal. The same is accordingly dismissed.
SURESH KAIT, J. MARCH 06, 2014 Sb/jg