National Insurance Co. Ltd's Appeal Dismissed; Tribunal's Reliance on Wage Notification for Skilled Labour Confirmed
In a significant judgment, the Punjab and Haryana High Court has upheld the compensation awarded by the Motor Accident Claims Tribunal, Kurukshetra, rejecting the appeal by National Insurance Co. Ltd. The case, presided over by Justice Sudeepti Sharma, revolved around the quantum of compensation awarded to the claimants, following a fatal motor accident.
The appellant, National Insurance Co. Ltd, challenged the Tribunal's decision, arguing that the compensation of Rs. 19,60,000 was excessive. The core of their argument was the Tribunal's reliance on the wage notification issued by the Deputy Commissioner, Kurukshetra, which assessed the deceased's monthly income at Rs. 15,680. The insurance company contended that the minimum wage for skilled labour in Haryana, Rs. 8,245, should have been applied instead.
Justice Sharma, however, found no merit in this contention. The court emphasized that the deceased was duly qualified as a skilled worker, being authorized to drive heavy and medium goods vehicles. No evidence was presented to prove that the wage rates notified by the Deputy Commissioner were inapplicable to the deceased.
The court referenced the Supreme Court's judgment in Saroj & Ors. v. IFFCO-Tokio General Insurance Co., reinforcing that in the absence of contrary evidence, wage rates notified by local authorities are applicable. Justice Sharma reiterated the principle that appellate courts should not interfere with the lower court's findings unless they are vitiated by perversity, illegality, or material irregularity.
The judgment affirmed the Tribunal's approach, deeming it neither arbitrary nor erroneous. Consequently, the appeal by National Insurance Co. Ltd was dismissed, and the statutory amount deposited by the appellant was ordered to be refunded.
This judgment underscores the judiciary's stance on upholding tribunal findings based on local wage notifications, providing clarity on the application of wage assessments in compensation cases under the Motor Vehicles Act.
Bottom Line:
Compensation under Motor Vehicles Act - Tribunal's reliance on wage notification issued by Deputy Commissioner for skilled labour/heavy vehicle drivers upheld as there was no evidence proving its inapplicability - Appellate court cannot interfere merely because an alternate view is possible.
Statutory provision(s): Motor Vehicles Act, 1988 Section 166
National Insurance Co. Ltd v. Vimal Kaur, (Punjab And Haryana) : Law Finder Doc Id # 2824311
