-Report by Himanshu Sahu
FACTS
The incident involved a collision between two trucks on the road from Manesar to Delhi. One truck suddenly stopped due to a mechanical failure, causing the victim\’s truck to collide with it. Subsequently, another truck approached at high speed from the IFFCO Chowk side and rear-ended the victim\’s truck. As a result, one person named Pitesh/Hitesh was killed, and another person named Rajeev Kumar was injured and taken to the hospital. and the deceased\’s representative filed suit in the tribunal then finally appeal reached Delhi high court.
APPELLANT\’S CONTENTION
The appellants\’ counsel argues that the tribunal made an error by categorising the deceased as an unskilled person when determining compensation, as the deceased had completed 10th grade. They further contend that the deceased was the only son and the appellants were dependent on him. The counsel requests an increase in the awarded amount. Additionally, the injured appellant\’s counsel asserts that the tribunal wrongly classified the appellant as unskilled and considered his income as RS.8554 p/m By classifying him as unskilled but in actuality, his income is RS.14,000 p/m Plus RS.4,000 for food and other expenses. They emphasize the appellant\’s education and experience as a driver, along with the 80% permanent disability suffered. The council argues for higher compensation, considering the appellant\’s age and family responsibilities.
RESPONDENT\’S CONTENTION
Tribunal has rightly passed the Award and there is no error in granting the compensation, however, the learned Tribunal has granted the compensation on the higher side by proving the sum of Rs. 5, 90,000.it is submitted appellant fail to show any document which shows the deceased was class 10th passed or a skilled person. mere school leaving certificate may not consider proof. appellant also failed to show any proof of the monthly income of the deceased. The tribunal by considering him unskilled has decided his monthly income based on the minimum wages of unskilled as indicative of his income.
JUDGMENT
After considering all the circumstances, this Court concludes that the compensation awarded by the Tribunal is fair and appropriate, following the principles set by the Supreme Court in previous judgments. Therefore, there are no issues with the Tribunal\’s award, and the appeal is dismissed, upholding the Tribunal\’s decision.
CASE NAME: HARIPAL AND ORS. V. HDFC ERGO GENERAL INSURANCE CO LTD & ORS