ASHA Vs. PAWAN KUMAR

JUDGEMENT

(1.) INSTANT appeal has been filed for enhancement of the compensation amount against the impugned award dated 31.01.2011, whereby the learned Tribunal has granted compensation of Rs.11,73,600/- with interest 7.5% per annum from the date of filing of the petition till realization.

(2.) LD . Counsel appearing on behalf of the appellants has argued the present appeal only on the ground that the deceased was working as a Supervisor with M/s. DKK Promoters and Builders Pvt. Ltd. and was getting a salary of Rs.8,300/- per month as per salary certificate Ex.PW1/1. However, learned Tribunal has not considered the same, in turn assessed the income as per the Schedule of minimum wages effective from 01.02.2008, as Rs.4,081/- per month applicable to a matriculate.

(3.) TO strengthen his arguments, he has relied upon a case of National Insurance Company Ltd. v. Anisa Begum & Ors. IV (2007) ACC 97 (DB). He submits that the claimants have successfully proved the salary certificate as Ex.PW1/1 and there is no rebuttal. Therefore, ld. Tribunal has wrongly assessed the salary of the deceased as per the minimum wages applicable to a matriculate person.