NEW INDIA INSURANCE CO LTD Vs. RAJPAL

JUDGEMENT

(1.) THE present appeal is directed against the impugned award dated 26.07.2011, whereby the learned Tribunal has granted a compensation of Rs.9,27,200/- with interest at the rate of 7.5% per annum from the date of filing of the petition till the date of realization of the amount.

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has mainly argued on three points. Firstly, the claimants pleaded in the claim petition that the deceased was earning a sum of Rs.4,500/- per month, whereas the learned Tribunal has considered his monthly income as Rs.6,448/- in view of the minimum wages applicable to a matriculate.

(3.) TO strengthen his arguments, learned counsel for the appellant/Insurance Company has relied upon the case of Rajesh Kumar Vs. Yudhvir Singh & Anr., 2008 ACJ 2131, wherein the Supreme Court has observed as under:-