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Uttarakhand High Court · body

2016 DIGILAW 355 (UTT)

UNITED INDIA INSURANCE COMPANY LIMITED v. JAISHRI

2016-07-15

SERVESH KUMAR GUPTA

body2016
JUDGMENT Hon’ble Servesh Kumar Gupta, J. Having heard the rival contentions, it transpires that the deceased Mr. Ram Chander, a man of 40 years, lost his life on account of electric current while working on the place under the respondent no.4 (the employer) on 18.03.2014. 2. There were as many as 15 workmen insured with the respondent no.2 and the period of such insurance ran w.e.f. 11.12.2013 to 10.12.2014 covering the date of incident. 3. Deceased was a skilled worker and he was a mason in the construction company and as per the dependants, his daily wages were Rs. 250/-. This fact has been proved by his wife Smt. Jaishri in her deposition and she has not been deviated from her statement during cross-examination at the hands of learned counsel for the insurance company. 4. On the other hand, the employer could file his written statement, wherein the averments of Rs.200/- per day, as wages, was disclosed but such pleading, in want of any deposition in the witness box, is not acceptable as against the statement of Smt. Jaishri, therefore, determining the wages @ Rs.8,000/- per mensum as per the Central Government Notification, probably, would not have been desirable for the Court below because making evaluation at such rate runs counter to the disclosure of beneficiaries themselves. 5. Thus, I determine the wages @ Rs.250/- per day, which comes to Rs.7,500/- per mensum and calculating the same at such rate, the multiplier (not disputed) will be applied on the fifty per cent of monthly wages. This way, the quantum of compensation comes to Rs.3,750 x 192.14 = Rs.7,20,525/-. Since, there is no provision of granting the funeral expenses, hence I would not like to sustain the impugned judgment on this score as well. 6. All told, the claim of compensation is modified to the tune of Rs.7,20,525/- in toto in lieu of what was granted by the Court below. 7. Both substantial questions of law are hereby answered accordingly. 8. The whole amount, so deposited by the Insurance Company, shall be released in favour of claimants as per their respective shares without asking any surety or security from them in this regard. If the claimants are minor, then such amount will immediately be released to Smt. Jaishri, in cash. Rest of the amount shall be returned to the Insurance Company. 9. In the above terms, this appeal is disposed of. If the claimants are minor, then such amount will immediately be released to Smt. Jaishri, in cash. Rest of the amount shall be returned to the Insurance Company. 9. In the above terms, this appeal is disposed of. 10. LCR be sent back.