RELIANCE GENERAL INS. CO. Vs. PURAN SINGH

JUDGEMENT

(1.) Learned counsel for the appellant submits that since it is difficult to quantify the income of a house-wife, co-ordinate Benches of this court had been taking it to be that of a skilled worker, which in Himachal Pradesh, as on the date and other connected cases of the accident, was Rs.8,075.00 per month and not Rs.9,000.00 (as has been taken by the Tribunal).

(2.) Mr. Goyal submits that all the three deceased ladies on account of whose unfortunate death the claim petitions were filed by their legal heirs, seeking compensation, were all from Himachal Pradesh and consequently, the minimum wages of a skilled worker as applicable to that State, was to be taken into consideration by the Tribunal.

(3.) Having considered that argument, other than the fact that the notification of minimum wages of a skilled worker were not led by way of evidence before the learned Tribunal, but nevertheless even if this court were to accept that upon an application being filed under the provisions of Rule 27 of Order 41 of the Code of Civil Procedure (this being a first appeal and a notification dtd. 7/8/2018 has been produced in court today by learned counsel for the appellant), it is seen that the learned Tribunal has assessed the income, notionally, to be Rs.9,000.00 per month.