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2014 DIGILAW 917 (DEL)

NATIONAL INSURANCE CO. LTD. v. HAZRA BEGUM

2014-03-14

SURESH KAIT

body2014
JUDGMENT : SURESH KAIT, J. 1. The instant appeal preferred against the impugned award dated 29.7.2013, whereby the learned Tribunal has granted compensation for an amount of Rs. 18,86,100 with interest at the rate of 7.5 per cent per annum from the date of filing of the claim petition till realization of the amount. Learned counsel appearing on behalf of the appellant insurance company submits that the learned Tribunal has erred in calculating the monthly income of the deceased as Rs. 25,000 despite the fact that the claimants have failed to prove that the deceased was employed somewhere done in is and was earning any amount. 2. On perusal of the trial court record, as per the testimony of PW 1, i.e., father of deceased, the deceased was a graduate and had qualified various IT courses. To this effect, he proved the fee receipts (running into ten pages) as Exh. PW 1/2 (collectively). He also proved the fee receipt of Gurgaon College of Engineering (running into four pages) as Exh. PW 1/3 (collectively) and an enrolment in Haryana Employment Exchange as Exh. PW 1/4. He has also proved the certificate issued by Jamia Aligarh University regarding 'Adeeb-e-Kamil', done in Urdu, which is equivalent to JBT, as Exh. PW 1/6. He was studying in the final year of MBA in Gurgaon College of Engineering. He was very actively involved in the extra-curricular activities in the college/State level in cricket and also in singing and dancing. 3. He further deposed that deceased was so passionate about his stream of study and having pursued higher studies in MBA, there was all likelihood of his working as HR at multinational level. Original certificate of cricket tournament was proved as Exh. PW 1/5, copy of bona fide certificate issued by Gurgaon College of Engineering as Exh. PW 1/8, copy of provisional certificate of graduation as Exh. PW 1/9 and the photocopies of the identity cards of Gurgaon College of Engineering and Tara Kendra Computer Engineering Institute as Exhs. PW 1/12 and PW 1/13 respectively. 4. While assessing the income of the deceased as Rs. 25,000 per month, the learned Tribunal has relied upon a case titled Ramesh Chand Joshi v. New India Assurance Co. PW 1/9 and the photocopies of the identity cards of Gurgaon College of Engineering and Tara Kendra Computer Engineering Institute as Exhs. PW 1/12 and PW 1/13 respectively. 4. While assessing the income of the deceased as Rs. 25,000 per month, the learned Tribunal has relied upon a case titled Ramesh Chand Joshi v. New India Assurance Co. Ltd., M.A.C. Appeal No. 212-213 of 2006; decided on 20.1.2010, wherein the deceased was aged about 19 years and 24 days on 30.7.2004, i.e., at the time of the accident and was student of 1st year of Bachelor of Engineering (Bio Technology) in Delhi College of Engineering. Learned Tribunal took the average notional income of the deceased as Rs. 20,500 per annum. While disposing the aforesaid appeal, this court held that after completing the engineering course, the earning capacity of the deceased must have enhanced and accordingly assessed his income as Rs. 38,333 per month (Rs. 4,60,000 per annum). 5. Admittedly, in the present case, the deceased was a young boy of 26 years and pursuing final year of MBA. While awarding the compensation, the earning capacity of the deceased has to be taken on the basis of his educational qualification and had he completed MBA, he would certainly have earned a handsome salary. The deceased was having a bright future as discussed above. As per admit card, Exh. PY, it is established that he was a qualified teacher, however, the said admit card was received after his demise from the Delhi Subordinate Services Selection Board. 6. The learned Tribunal has opined that the deceased would have got the placement between the package of Rs. 3,00,000 and Rs. 4,00,000 or more as he was a qualified engineer and pursuing final year of MBA. 7. Keeping in view the qualification in the credit of the deceased, I do not find any discrepancy in the order of the learned Tribunal qua assessing the income of the deceased as Rs. 25,000 per month. 8. Finding no merits in the instant appeal, the same is dismissed accordingly. Consequently, the Registry of this court is directed to release the statutory amount in favour of the appellant insurance company and the balance compensation amount in favour of the respondent No. 1-claimant in terms of the award dated 29.7.2013 passed by the learned Tribunal on taking necessary steps by her.