Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 1727 of 2020 Appellant :- The New India Assurance Co. Ltd.
Respondent :- Shri Navi And Another Counsel for Appellant :- Arun Kumar Shukla Counsel for Respondent :- Rishi Bhushan Jauhari
Hon'ble Vivek Agarwal,J.
1. Heard Sri Arun Kumar Shukla, learned counsel for the appellant-Insurance Company and Sri Rishi Bhushan Jauhari, learned counsel for the respondents.
2. Sri Shukla, learned counsel for the appellant submits that Insurance Company has filed this appeal being aggrieved of award dated 21.10.2020 passed by the learned Commissioner under Employees Compensation Act and Assistant Labour Commissioner, Shahajahanpur in Case No.29/ECA/2020, whereby deceased met with an accident on 14.01.2020 as a driver of the private car, has been treated to be an employee of the owner of the car and while making calculation of the compensation, his minimum wages have been calculated at Rs.15,000/-(fifteen thousand) per month, whereas, minimum wages as per the State Government Notification, contained in Annexure-6 were to the tune of Rs.10201.09/-(ten thousand two hundred one and nine paise) per month. It is submitted that computation of income @ Rs.15,000/- per month is arbitrary and has been probably made as per the minimum wages decided by the Central Government and overlooking the minimum wages fixed by the State Government.
3. A perusal of the award reveals that while deciding issue no.4, learned Claims Tribunal has considered an admission of the owner of the vehicle that he was paying salary to the deceased @ Rs.15,000/- per month and daily allowance of Rs.200/- per day, but learned Tribunal has computed income only @ Rs.15,000/- on the basis of the Notification issued by the Central Government.
4. I do not find any fault in treatment of income in the hands of the Tribunal, especially when there is an admission of the owner of the vehicle insured with the Company, and which has not been rebutted by the Insurance Companay by adequately cross-examining the owner of the vehicle to bring out any contradiction, therefore, appeal is devoid of merits deserves to be dismissed and is dismissed.
Order Date :- 6.1.2021 Ashutosh