JAGMOHAN SHARMA Vs. CHATAR SINGH

JUDGEMENT

(1.) BY way of the present appeal appellants seek to challenge the impugned award dated 23. 11. 2006, whereby the compensation amount of rs. 2,84,000 has been awarded in favour of the appellants along with interest at the rate of 8 per cent per annum from the date of filing of the petition till realisation. The grievance of the appellant in the present appeal is that Claims Tribunal has ignored the monthly salary certificate which was proved on record as Exh. PW1/1.

(2.) THE brief facts of the case are as under: on 15. 2. 2006 at about 5 p. m. , the deceased sneh Sharma was crossing Shankar road red light near Hongchi Restaurant towards Old Rajender Nagar and when she reached near the divider of the road, suddenly a tata bus bearing registration No. DL 1p-A 1835 which was coming from ridge Road side being driven by the driver in a rash and negligent manner hit the deceased, consequently she received fatal injuries and died on the spot.

(3.) COUNSEL for the appellants contends that deceased Sneh Sharma was employed on the post of Assistant Committee Organiser with the MCD and she was drawing a salary of Rs. 11,900 per month at the relevant time of accident. Counsel for the appellants further contends that appellants had examined PW 1, Dharampal Tyagi, clerk of the MCD who in his deposition had categorically admitted the employment of the deceased with the MCD on the post of Assistant Committee Organiser. The said witness has also proved the salary certificate of the deceased as Exh. PW1/1, which shows that the deceased was drawing a monthly emolument of Rs. 11,900. Counsel thus contends that the Tribunal has wrongly applied the Minimum Wages act to assess the income of the deceased when evidence to this effect was placed on record by the appellants. Counsel for the appellants has thus sought to urge that the said evidence could not have been ignored by the Tribunal and no reasons have been given in the award also as to why such evidence has been ignored by the Tribunal. Counsel for the appellants further contends that even PW 2. daughter of the deceased in her deposition proved the said income of the deceased. PW 2 in her deposition has stated that the deceased used to keep rs. 2,000 to Rs. 2,500 for her personal expenses and rest of the amount she was spending towards the maintenance of her father. She further contends that husband of the deceased was dependent upon his deceased wife as he was confined to bed due to paralysis.