ORIENTAL INSURANCE CO. LTD Vs. DEEPARATTI VISHWAKARMA

JUDGEMENT

(1.) The Oriental Insurance Company Limited has preferred this Review Petition under order 47 Rule 1 read with Sec. 114 of the Code of Civil Procedure, 1908, questioning the legality and propriety of the order dtd. 8/11/2019 passed by this Court in MA(C) No.919 of 2015, whereby, the amount of compensation has been enhanced to the total sum of Rs.54,41,635.74, rounded off Rs.54,41,636.00, from Rs.10,56,992.00, as awarded by the concerned Claims Tribunal, with 6% interest per anum from the date of filing of the claim petition till its realisation in appeal preferred by the claimants.

(2.) Aforesaid amount of compensation has been determined upon consideration of the yearly pay certificate (Ex.P-11) of the deceased, namely, Devendra Vishwakarma, who was working as an operator of Heavy Earth Moving Machine (H.E.M.M) in Gevara Project of S.E.C.L. According to the said certificate, the gross yearly salary of the deceased was shown to be Rs.6,91,370.00 and a sum of Rs.60,346.00.00 was shown to be deduction towards income tax. Accordingly, the net income of the deceased was assessed at Rs.6,31,024.00 (Rs.6,91,370.00 Rs.60,346.00).

(3.) The amount of compensation has thus been enhanced as mentioned herein above by placing reliance upon the said certificate and on the basis of the Constitution Bench decision of the Supreme Court, which was rendered in the matter of National Insurance Company Limited vs. Pranay Sethi and others reported in (2017) 16 Supreme Court Cases 680.