UNITED INDIA INSURANCE CO LTD Vs. MAMTA

JUDGEMENT

(1.) INSTANT appeal has been filed by the Insurance Company challenging the award dated 04.01.2011, whereby ld. Tribunal has granted a compensation of Rs.9,66,328/ - with interest @ 7.5% from the date of filing of the petition till its realization.

(2.) LD . Counsel appearing on behalf of the appellant has argued that the instant appeal has been filed mainly on the ground that on 03.05.2009 one Afsar Anwar was repairing a Road Roller near Geeta Colony Flyover on the Pusta Road, Pantool Pul, Delhi when Tractor bearing No. UP95A3135, i.e., the offending vehicle with its water tanker was reversed by respondent no. 5 at a high speed and due to this three persons including Sh. Rajender Singh, husband of respondent no. 1 died and other received grievous injuries.

(3.) LD . Counsel submitted that the ld. Tribunal has considered minimum wages for skilled person as Rs.4,358/ -, since the deceased was not in a permanent job, therefore, future prospects of 50% considered by the ld. Tribunal should not have been granted.