BHAGAT SINGH RAWAT Vs. RAM GENERAL INSURANCE

JUDGEMENT

(1.) This appeal impugns the award of compensation dated 03.03.2016 passed by the learned MACT in Suit No. 168/2014 on the ground that while computing compensation towards 'loss of dependency', the relevant minimum wages applicable to a Graduate was not applied. The motor vehicular accident occurred on 21.03.2014; that as per the notification of the Govt. of NCT of Delhi, the minimum wages applicable to a Graduate w.e.f. 01.10.2013 was Rs. 10,686/- and the same would be applicable.

(2.) However, the learned counsel for the insurer submits that the deceased was not a graduate but only a student of Bachelor of Hospitality Management from Kumaun University, Nainital. It has been proven by the appellants that the deceased was in the prime of his life, he was 24 years old at the time of the motor vehicular accident and was earning Rs. 7,688/- by working as an intern with M/s RTC Restaurants India Ltd. This salary of the deceased was accepted by the learned Tribunal. In this regard, it held as under:

(3.) The Court would note that the emoluments in the hotel and catering industry are not limited to the salary, but a cognizable portion of it comes through tips given by gratified customers. Ordinarily these tips would depend upon the class of the restaurant and hotel where the interns or service providers are engaged. The deceased was working with M/s RTC Restaurants (India) Ltd., 705, Chiranjiv Tower, 7th Floor, 43, Nehru Place, New Delhi. Surely this place would be frequented by many patrons, as it is located in a well known commercial hub of the city. Therefore, a fair assessment of tips in any restaurant in Nehru Place would be an amount not less than Rs. 6,000/-. Let this amount be added to the monthly salary of the deceased. The monthly income would then be Rs. 13,688/-.