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JUDGMENT
THE NEW INDIA ASSURANCE CO.LTD. ..... Appellant
Represented by: Mr. J.P.N.Shahi, Advocate.
Mr.R.S. Nirwal, Advocate for Respondent No.3.
1. The present appeal is directed against the impugned award dated 15.11.2011, whereby the learned Tribunal has awarded compensation to the tune of Rs.4,14,466/- with interest at the rate of 7.5% per annum from the date of filing of the petition till realization of the amount.
2. Learned counsel appearing on behalf of the appellant/Insurance Company has argued the instant appeal only on the ground that on the date of accident, the deceased was 19 years of age and the respondents/claimants failed to prove his employment, however, the learned Tribunal has assessed the salary of the deceased as Rs.3,934/- as per the Minimum Wages Act, 2014:DHC:511 1948 applicable to an unskilled workman at the prevalent time. Learned counsel submitted that the learned Tribunal has erred in granting 50% of the income of the deceased towards future prospect in contrary to the dictum of the Apex Court in the case of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC 121, which has been further affirmed by the Full Bench of the Apex Court in the case of Reshma Kumari and Ors. Vs. Madan Mohan & Anr. (2013) 9 SCC 65.
3. It is pertinent to note that thereafter the issue of future prospects has been decided by the Full Bench of the Apex Court in the case of Rajesh and Ors. Vs. Rajbir Singh and Ors. 2013 (6) SCALE 563, wherein the cases of Santosh Devi Vs. National Insurance Co. Ltd. & Ors. 2012 6 SCC 421 and Sarla Verma (supra) were also considered and held as under:-
that it will only be just and equitable to provide an addition of 15% in the case where the victim is between the age group of 50 to 60 years so as to make the compensation just, equitable, fair and reasonable. There shall normally be no addition thereafter.
4. This Court has also applied the aforenoted dictum of Rajesh & Ors. (supra) in the case bearing MACA No.846/2011 titled as ‘ICICI Lombard General Insurance Co. Ltd. Vs. Angrej Singh & Ors.,’ decided on 30.09.2013.
5. Keeping in view the settled position of law, I do not find any merit in the instant appeal. The same is accordingly dismissed.
6. Consequently, the Registry of this Court is directed to release the statutory amount in favour of the appellant/Insurance Company and the balance compensation amount alongwith upto date interest accrued thereon in favour of the respondents/claimants on taking necessary steps by them.
SURESH KAIT, J. JANUARY 28, 2014 sb