MOST.SUDAMIYA Vs. NEW INDIA ASSURANCE CO.LTD

JUDGEMENT

(1.) WHEN the appeal was called out, learned counsel appearing for the claimants and the Insurance Company requested this court to hear and dispose of the appeal today at the stage of admission and hence with their consent this appeal is being heard and disposed of by passing the following order.

(2.) THE claimants are the widow and four minor children aged about 12, 8. 5 and 2 years. They have filed a claim case for grant of compensation for the death of one, Birju Mahto who while driving the truck died in an accident. The facts not in dispute is that the deceased was driving the truck bearing registration No. UP -70 -G/9495. While the deceased was driving the truck all of a sudden another truck bearing registration no. UP -78 - N/4210 came and dashed the truck which resulted in death of the deceased. Insurer of both the trucks is New India Assurance Co. .Limited being represented by Mr. Manish Kumar.

(3.) PRIMA facie, we are of the view that the order of the Tribunal and the finding recorded therein are absolutely erroneous in law. As noticed above evidence was led by the claimants that driver was getting Rs. 5,000/ - as monthly salary. In absence of any contrary evidence the Tribunal has grossly erred in law in taking the help of Minimum Wages Act. One cannot disbelieve the salary of the deceased alleged by the claimants who was a driver in a truck. However, no documentary evidence was led by the appellants -claimants in support of earning of the deceased.