LAWS(DLH)-2014-2-72

HDFC ERGO GENERAL INSURANCE COMPANY LTD. Vs. PARKASH

Decided On February 11, 2014
Hdfc Ergo General Insurance Company Ltd. Appellant
V/S
Parkash Respondents

JUDGEMENT

(1.) VIDE the present appeal, the appellant/Insurance Company is assailing the impugned award dated 03.07.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.20,62,000/ - with interest at the rate of 12% per annum from the date of filing the claim petition, i.e., 12.07.2011 till realization of the amount.

(2.) LEARNED counsel appearing on behalf of the appellant/Insurance Company has argued that the respondents/claimants have failed to prove that the deceased was in a permanent employment and that he was working with M/S Garg Paper Converters and was drawing salary of Rs.16,000/ - per month. Therefore, in the absence thereof, while calculating the compensation, the learned Tribunal should not have added 50% of the actual income of the deceased towards future prospects.

(3.) LEARNED counsel also relied upon the case of Bijoy Kumar Dugar Vs. Bidyadhar Dutta & Ors. AIR 2006 SC 1255 and submitted that the claimants neither produced any material nor examined any witness to prove that there were chances of increase in the salary of the deceased and had he been alive, he would have earned more. Therefore, in the absence of the same, the learned Tribunal has wrongly added 50% of the actual income of the deceased towards future prospects.