UNITED INDIA INSURANCE CO. LTD. Vs. ASHA DEVI

JUDGEMENT

(1.) The Insurer of the offending vehicle, has, instituted the instant appeal before this Court, wherethrough, it, casts, a, challenge, upon, the award pronounced by the learned Motor Accident Claims Tribunal Una, District Una, H.P., upon, MACP No. 53/2017, as stood, cast therebefore, under, the provisions of Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act), (i) AND, whereunder, compensation amount, comprised in, a sum of Rs.8,78,792/-alongwith interest accrued thereon, at the rate of 9% per annum, was, hence ordered to thereon commence, from, the date of petition till realization thereof, rather stood, assessed, vis-a-vis, claimants, (ii) and, the apposite indemnificatory liability thereof, was, fastened upon the insurer/appellant herein.

(2.) The learned counsel appearing, for, the appellant/insurer, has, not contested, the, validity, of, rendition, of, affirmative findings, upon, issue No.1, hence appertaining to the demise of Balwant Chand, being a sequel of rash, and, negligent manner of driving of the offending vehicle, by Pawan Kumar, respondent No.5 herein.

(3.) The learned counsel appearing for the insurer has contended before this Court that (a) since the deceased, as borne, from, his salary certificate, embodiedin Ex.PW2/A, stood, engaged as a part time worker, (b) thereupon, he contends that the apposite, and, relevant accretions or hikes working towards future incremental prospects, vis-a-vis, his salary of Rs.4,500/- per mensem, as stood, drawn by him, in contemporaneity, vis-a-vis, the relevant mishap, being rather ridden with an inherent fallacy, as, (c) the afore rendition of part time services hence by the deceased, are obviously construable, to be merely temporary in nature, and, when the services of the deceased, were disengagable, at any time, (d) rather hence the apt corollary therefrom, is, qua it, being highly speculative to conjure any inference qua permanence of his employment, nor reiteratedly, it can be inferred qua the afore hikes, vis-a-vis, his last drawn salary rather being meteable thereon. However, the afore submission would be weighty, and, tenacious, upon, evidence being adduced qua the terms, of, engagement of the deceased by his employer (d) with clear unravelings borne therein, vis-a-vis, the services of the deceased surviving only upto a specific period of time, and, the duration of his services, not being, beyond the contractual tenure of services. However, when the afore evidence, is, amiss thereupon it has to be concluded that the part time engagement, of the deceased, as, a part time worker, by his employer rather being amenable to be visited with extensions, and, continuances in service, (e) and, obviously hence also his being facilitated to obtain regularization, in service under his employer, (f) besides his also being visited with concomitant therewith benefits of enhancements or increases, in his per mensem salary, (g) wherefrom, it is to be concluded that the afore meteings of hikes, towards future incremental prospects rather not warranting any interference by this Court.