NATIONAL INSURANCE CO LTD Vs. GEETA DEVI

JUDGEMENT

(1.) THE appellant National Insurance Company Limited impugns the judgment dated 02.06.2012 passed by the Claims Tribunal whereby a compensation of Rs.18,02,342/ - was awarded in favour of Respondents No.1 to 6 for the death of Lala Ram who died in a motor vehicle accident which occurred on 07.09.2011 at 5.03 pm.

(2.) AT the time of hearing the appeal, the following contentions are raised by the learned counsel for the appellant: -

(3.) ALONG with the Detailed Accident Report (DAR), a salary certificate purported to be issued by Millennium Builders was filed. During enquiry before the Claims Tribunal, it was found that the certificate was not issued by Millennium Builders. The partners of M/s. Millennium Builders appeared before the Claims Tribunal on 13.01.2012 and completely denied having issued the certificate. The Claims Tribunal assessed the income of the deceased to be Rs.8500/ - per month without any reasonable basis. In fact in the Affidavit, Ex.PW -1/A, Respondent no.1 had claimed the employment of the deceased with Millennium Builders with a salary of Rs.10,000/ -. A perusal of the order dated 13.01.2012 indicates that Respondent no.1 claimed that the service certificate was handed over by her brother. At that time, Respondent no.1 informed the Claims Tribunal that her deceased husband used to supply "Kurkure". The Affidavit on question of income was also contradictory. In view of this, the Claims Tribunal ought to have taken minimum wages of an unskilled worker to award loss of dependency which were Rs.6422/ - per month at the time of the accident. As far as future prospects are concerned, there was no evidence that deceased was having good future prospects. The question of grant of future prospects was dealt with at great length by this Court in Mac. App. No.189/2014 titled HDFC Ergo General Insurance Co. Ltd. v. Smt. Lalta Devi and Ors. decided on 12th January, 2015. Para Nos.8 to 21 of the report in Lalta Devi and Ors. are extracted hereunder: -