DTC Vs. DAYA RAM

JUDGEMENT

(1.) INSTANT appeal has been preferred against the award dated 24.11.2004, whereby ld. Tribunal has granted compensation of Rs.4,45,000/- in favour of respondents / claimants and against the appellant / DTC.

(2.) LD . Counsel appearing on behalf of the appellant / DTC has argued that deceased was working as a Mali (Gardener), however, his income has not been proved through any salary certificate. Ld. Tribunal has wrongly considered the minimum wages against the dictum of Sarla Verma v. DTC and Ors. 2009 (6) SCC 121.

(3.) IT is further argued that Ld. Tribunal has erred in considering the future prospects as 50% without having regard to the dictum of Santosh Devi v. National Insurance Co. Ltd. & Ors. 2012 6 SCC 421. Therefore, addition of 50% towards future prospects may be reduced to 30%.