SHRIRAM GENERAL INSURANCE CO. LTD. Vs. SEEMA

JUDGEMENT

(1.) VIDE the present appeal, the appellant/Insurance Company has assailed the award dated 02.07.2013, whereby the learned Tribunal has granted compensation for a sum of Rs.11,81,512/ - with interest at the rate of 7.5 % per annum from the date of filing of the claim petition till realization of the amount.

(2.) MR .K.L.Nandwani, learned counsel appearing on behalf of the appellant/Insurance Company submits that at the time of the accident, the deceased Prem Singh was 32 years of age. Though the claimants have claimed that the deceased was Class IV employee with MCD, however, they have failed to prove his avocation and salary. Despite that the learned Tribunal has wrongly added 50% in his actual income towards future prospects.

(3.) MR . Nandwani, further submits that the claimants have failed to prove the source of income of the deceased, however, while calculating the compensation on account of loss of dependency, the learned Tribunal has assessed the monthly income of the deceased at Rs.4,382/ - applicable to a Matriculate at the prevalent time as per the Minimum Wages Act, 1948.