ORIENTAL INSURANCE COMPANY LTD. Vs. MAMTA KALURA

JUDGEMENT

(1.) This writ petition has been preferred by the Insurance Company against the award of the learned Motor Accident Claims Tribunal Fast Track Court, Shimla awarding a sum of Rs. 22,20,000/- to the claimants, who are the wife, daughter, son and father of deceased Shri D.P. Singh, who died in the motor accident belonging to respondent Faqueer Chand. The deceased was employed as General Manager in Hotel Ashiana Regency, Chhota Shimla. It was pleaded that his salary was Rs. 15000/- per month, out of which he spent Rs. 2000/- on himself. In addition, he was provided free meals and accommodation etc. by his employer. It was pleaded that on 19.5.2003 the deceased was travelling in Tata Sumo vehicle belonging to respondent No. 1. It was driven by respondent Rakesh Kumar in a rash and negligent manner resultantly it went of the road and caused fatal injuries to the deceased, who died on the spot. Since the facts with respect to the accident and age of the deceased are not disputed, I am not adjudicating those facts.

(2.) Dr. Lalit Sharma, learned Counsel appearing for the petitioner, urges that the claim allowed is against the law. The first point urged is that the salary of the deceased could not be taken to be Rs. 15000/- per month as it was admitted by the wife of the deceased that her husband used to pay her Rs. 13,000/- per month in cash. This is the amount which he was drawing. According to him, even if the statement of the wife of the deceased is taken into consideration as the gospel truth, he was only paying Rs. 13,000/- at home. The learned Tribunal has acted in gross dereliction of the directions of the Hon'ble Supreme Court issued in Sarla Verma v. Delhi Transport Corporation and another, 2009 6 SCC 121. Learned Counsel submits that deduction has to be made in terms of what is stated in judgment in which it is held:

(3.) In , the Supreme Court taking into consideration the ratio in Sarla Verma' case supra, holds:--