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High CourtsSingle Bench(2013) 01 RAJ CK 0126

The New India Assurance Company Ltd. vs Shri Pyara Singh and Others

Rajasthan High Court · Decided on 17 January 2013

HON’BLE JUDGES
M.C. Sharma, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Appeal No. 475 of 1998 and Civil Miscellaneous Stay Application No. 1263 of 1998

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Judgment

7 paragraphs · 340 words

M.C. Sharma, J.—This appeal has been filed against the judgment and award passed by workmen Compensation Commissioner. Brief facts of the case are that on 23.7.1992, the claimant filed a claim petition before the workmen Compensation Commissioner, Jaipur mentioning therein that on 26.6.2005 at 4.30 PM, Amit Kumar along-with Nand Ram were returning back to their home, while they were talking along with road, a vehicle Scorpio No. HR 66 1285 being driven rashly and negligently hit Amit Kumar. In the said accident, Amit Kumar sustained fractures on his leg and hand.

2.

Thereafter claim petition was filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed an amount of Rs. 2,82,375/- in favour of claimant and against the non claimants. The Insurance Company has filed the aforesaid appeal challenging the quantum of compensation.

3.

Learned counsel for the appellant has contended that the learned Tribunal has committed serious error in assessing the notional income of claimant as Rs. 4500/- per month. Hence, the impugned award deserves to be modified.

4.

E converso, the learned counsel for the respondents defended the impugned award and stated the same to be just and apposite.

5.

Having heard learned counsel for the parties and carefully perused the impugned award including the relevant material on record it is noticed that the learned Tribunal having taken into consideration the age of the injured, rightly applied the multiplier of 15 and treating Rs. 4500/- to the notional income, decreed an amount of Rs. 2,82,375/- in favour of claimant and against the non claimants.

6.

In my considered view, the findings arrived at by the learned Tribunal are just and apposite and they do not suffer from any legal flaw.

7.

For the reasons stated, I do not find any ground to interfere in the impugned award passed by the learned Tribunal and the appeal filed by the appellant being bereft of any merit deserves to be dismissed, which stands dismissed accordingly. Stay application also stands dismissed.