NATIONAL INSURANCE CO LTD Vs. HARI OM MITTAL

JUDGEMENT

(1.) Instant appeal has been preferred against the impugned award dated 26.08.2011 whereby, Ld. Tribunal has granted compensation for a sum of Rs.21,28,413/- with interest @ 7.5% per annum from the date of filing of the petition till its realization.

(2.) Counsel for the appellant has argued that respondent no. 1 / claimant was not in any employment as a driver, however, the Ld. Tribunal has considered his income at Rs.3,590/- as per minimum wages for a skilled person.

(3.) Ld. Counsel submitted that PW7, brother of the respondent no. 1, has stated before the Ld. Trial Court that he used to engage respondent no. 1 as a driver whenever there was shortage of drivers or in case of emergency. Therefore, he was not in regular service. The minimum wages can be considered only in case the person is in employment on regular basis.