NEW INDIA ASSURANCE CO LTD Vs. MAYA DEVI

JUDGEMENT

(1.) THE Appeal is for reduction of compensation of Rs.11,27,000/- awarded in favour of the Claimants (Respondents No.1(a) to 1(g)) for the death of Veerpal who died in a motor vehicle accident which occurred on the intervening night of 5/6.11.2008.

(2.) THE finding on negligence is not challenged by the Appellant Insurance Company.

(3.) CONSIDERING the first contention raised by the Appellant, the employer was ordered to be summoned by this Court to prove Salary Certificate Ex.PW-1/1. His statement has been recorded as CW-1. He deposed that deceased Veerpal was working as a cook at his Dhaba (M/s. Amandeep Dhaba) since 2005. He was being paid a salary of Rs.8,000/- per month. The witness admitted that the Dhaba is not registered with the Sales Tax/Vat Department. He admitted that he had no documentary evidence with regard to running of Dhaba. He admitted that he is not maintaining any record, that is, a register for payment of wages. He never obtained any receipt regarding payment of any salary to deceased Veerpal. The witness was cross-examined on behalf of the Appellant. He could not produce any document to show that he was running any Dhaba in the name and style of M/s. Amandeep Dhaba.