Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Case Title: The National Insurance Company Limited, Anantapur. V. G Sivamma And 3 Others and Others
Coram: Hon’ble Mr. Justice Nyapathy Vijay
Case No.: CIVIL MISCELLANEOUS APPEAL NO: 1112/2010
Date: 20.03.2024
Advocate for the Appellant: SRAVAN KUMAR MANNAVA
Advocate for the Respondent: . MAHESWARA RAO KUNCHEAM
Brief facts:
The factual matrix of the case is that the respondents are the claimants and all are dependent upon the deceased who was getting Rs.3,500/- per month as salary and Rs.50/- per day batta. when the deceased while discharging his duties went to a mechanic shop where the vehicle was being repaired. At that time, suddenly the tipper’s hydraulic-operated body fell on the deceased and he died due to the said incident. Thereafter, the claim was filed and the commissioner granted the compensation of Rs.3,36,487/- considering the age and wages of the deceased. Aggrieved by this, the present appeal is filed.
Observations of the court:
The Hon’ble court observed that the deceased was attending to the works of the tipper in the mechanic shop and qualifies to be termed as in the course of employment. Therefore, the accident occurred in the course of employment.
It was furthermore observed that once, the employer himself deposed about the salary particulars, it is not open for the insurance company to insist on quantification of compensation as per the wages fixed under the Minimum Wages Act, 1948. In the instant case, it was submitted that the deceased was being paid Rs.3,500/- per month as salary and Rs.50/- as batta per day.
The court relied upon the judgment titled Mamta Devi and Others vs. Reliance General Insurance Company Limited and Another.
Based on these considerations, the court was of the view that there exists no merit in the appeal.
The decision of the Court:
With the above direction, the court dismissed the appeal.
