NEW INDIA ASSURANCE CO LTD. Vs. PHOOLO DEVI

JUDGEMENT

(1.) THE present appeal is preferred against the impugned award dated 13.02.2013, whereby the learned Tribunal has granted compensation for an amount of Rs.17,01,591/ - with interest at the rate of 9% per annum from the date of filing of the petition till realization of the amount.

(2.) MR .Sameer Nandwani, learned counsel appearing on behalf of the appellant/Insurance Company submits that the claimants have failed to prove that the deceased was engaged permanently in some employment and was earning some amount. Thus, the learned Tribunal keeping in mind the Minimum Wages Act, 1948, assessed the monthly income of the deceased as Rs.7,826/ - applicable to a skilled person at the relevant time.

(3.) LEARNED counsel further submits that the compensation granted on account of non -pecuniary losses, such as Rs.1,00,000/ - towards loss of love and affection and Rs.25,000/ - for loss of gratuitous services is on higher side.